India Columns

A Muslim Minor Girl is entitled to get married without parents' consent once she attains the age of puberty, has right to live with husband: Delhi HC

Date: Nov 21, 2022

Case Title: FIJA & ANR. v. State  The Delhi High Court observed that as per Mohammedan Law, a minor girl who had attained the age of puberty can marry without the consent of her parents and has a...

COVID-19: Supreme Court orders States & UTs to consider pardoning prisoners for lesser offences to reduce prison overcrowding

Date: Nov 21, 2022

Case Title: In Re Contagion of COVID-19 Virus in Prisons In response to the COVID epidemic, the Supreme Court mandated that all States and Union Territories establish high-level committees to assess...

No express provision in the Disaster Management Act which empowers the Director to issue orders and directions in respect of school fee structure because of the pandemic situation: Supreme Court

Date: Nov 21, 2022

Case Title: Indian School, Jodhpur V. State Of Rajasthan The Rajasthan Schools (Regulation of Fees) Act, 2016, was upheld by the Supreme Court as constitutionally valid. However, the bench of...

The disclosure of the grounds of Arrest sufficient, no need to provide ECIR to accused: Supreme Court

Date: Nov 21, 2022

Case Title:  Vijay Madanlal Choudhary v. Union of India According to the Prevention of Money Laundering Act of 2002, there is no requirement to formally file an Enforcement Case Information Report...

Retrenched employees do not have any rights to claim re-employment following regularisation by management: Supreme Court

Date: Nov 21, 2022

Case Title: Management of the Barara Cooperative Marketing-­cum-Processing Society Ltd. V. Workman Pratap Singh The term "employment" refers to new employees filling openings, whereas the term...

RBI's ban on banking services to Cryptocurrency dealers is overturned by the Supreme Court

Date: Nov 21, 2022

Case Title: Internet and Mobile Association of India V. Reserve Bank of India The Reserve Bank of India's restrictions on regulated organisations like banks and NBFCs engaging with virtual currencies...

Execution of Arbitration awards against NHAI cannot be entertained by Writ Petitions: Supreme Court

Date: Nov 18, 2022

Case Title: National Highways Authority of India v. Sheetal Jaidev Vade  The Supreme Court disapproved the entertaining of writ petitions seeking execution of Arbitration awards passed against the...

Whether Writ Petition under Article 226 maintainable against a private unaided minority institution: Supreme Court settles the question

Date: Nov 18, 2022

Case Title: St. Mary's Educational institute v. Rajendra Prasad Bhargava  The Supreme Court while answering the question that whether or not a writ petition under Article 226 of the Constitution of...

Default bail is not a mere statutory right, but part of the procedure established by law under Article 21 of the Constitution of India: Supreme Court

Date: Nov 18, 2022

Case Title: Fakhrey Alam v. State of Uttar Pradesh The Supreme Court noted that attempting to file a supplemental charge sheet relating to UAPA offences does not allow the time frame for...

Only in the absence of alternative remedy, Court's Inherent powers under Section 151, CPC can be invoked: Supreme Court

Date: Nov 18, 2022

Case Title: My Palace Mutually Aided Cooperative Society v. B. Mahesh  The Supreme Court observed that the inherent power under Section 151 of the Code of Civil Procedure can be invoked only in...

The Public Prosecutor has a duty to offer the Court a fair sense of the prosecution's case before a Trial Court moves forward with framing the accusation against the accused: Supreme Court

Date: Nov 18, 2022

Case Title: Ghulam Hassan Beigh v. Mohammad Maqbool Magrey The Public Prosecutor has a duty to offer the Court a fair sense of the prosecution's case before a Trial Court moves forward with framing...

Sanction is necessary under Section 197, CrPC even if Police Officials exceed their authority in discharge of official obligations: Allahabad HC

Date: Nov 18, 2022

Case Title: Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors  The Allahabad High Court held that even if the police officials exceed, to some extent, their...

Appeals against Delhi HC's ruling that "absolute exclusion of women from command appointments in the Army" is unlawful, rejected by the Supreme Court

Date: Nov 18, 2022

Case Title: The Secretary, Ministry of Defence V. Babita Puniya & Ors. In an important ruling on gender equality, the Supreme Court stated that women in the army shall be given Permanent Commissions...

Under no circumstances may a child in conflict with the Law be kept in a Jail or Police Cell: Supreme Court

Date: Nov 17, 2022

Case Title: Re: Exploitation of Children in Orphanages in State of Tamil Nadu V. Union of India The UP State Commission for Protection of Child Rights and the Delhi Commission for Protection of Child...

The Navy has to provide serving women SSC officers Permanent Commissions: Supreme Court

Date: Nov 17, 2022

Case Title: Union of India & Ors. V. Lt Cdr Annie Nagaraja & Ors.  The Supreme Court ruled that serving female Short Service Commission Officers in the Indian Navy were entitled to Permanent...

Supreme Court upholds 50% of disability limit for Judicial Officers having a hearing or visual impairment

Date: Nov 17, 2022

Case Title: V. Surendra Mohan V. State of Tamil Nadu and ors. According to the Supreme Court, it is a valid restriction to require applicants for the position of a judicial officer to have a maximum...

A child can claim his father's property if he is born from the wedlock of a Muslim father and Hindu Mother: Supreme Court

Date: Nov 17, 2022

Case Title: Mohammed Salim(D) through ors. V. Shamsudeen(D) through ors. In a significant ruling, the Supreme Court determined that a child born of a Muslim man and his Hindu wife is eligible to...

A significant petition in the Supreme Court for Economically Weaker Sections, challenging the 103rd Constitutional Amendment Act

Date: Nov 17, 2022

In a petition contesting the Constitution(103rd) Amendment Act, which permits reservation for members of economically weaker sections in higher education and public employment up to a maximum of 10%,...

An application filed under Section 311 cannot be rejected due to delay in proceedings: Allahabad HC

Date: Nov 17, 2022

Case Title: Madhusudan Shukla V. State Of U.P. And Another The Hon’ble Allahabad High Court has observed that an application filed u/s 311 CrPC can’t be rejected just because there’s a delay in the...

Guidelines issued on the context of the disposition of cases under Section 143 of N.I.A in a mechanical manner and powers of inquiry under Section 202 CrPC among others: Supreme Court

Date: Nov 17, 2022

Case Title: In Re Expeditious Trial Of Cases Under Section 138 of N.I Act The Supreme Court Constitution Bench has instructed that Magistrates shall record reasons before changing the summary trial...