India Columns

Mandating spousal consent for organ donation would deprive the person to be in control of their own body: Delhi HC

Date: Nov 17, 2022

Case Title: Neha Devi v. Govt. of NCT & ors  The Delhi High Court observed that insistence of spousal consent for organ donation would impinge upon the right of the wife to be in control of her own...

Almost 40% vacancies in the High Courts, with many of the High Courts working under 50% of their sanctioned strength: Supreme Court

Date: Nov 17, 2022

Case Title: PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd Concerned about the growing number of High Court vacancies, the Supreme Court reiterated that the Central Government should make...

No intention on the part of the Appellant to promote class or community hatred: Supreme Court while quashing FIR against Journalist

Date: Nov 17, 2022

Case Title: Patricia Mukhim v. State Of Meghalaya And Others The Supreme Court dismissed an FIR filed against Shillong Times Editor Patricia Mukhim in connection with a Facebook post about violence...

Extraordinary and Inherent powers of the Court do not confer an arbitrary jurisdiction on the Court to act according to its whims: Supreme Court

Date: Nov 17, 2022

Case Title: M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra  The Supreme Court held that when dismissing or disposing of a quashing petition under Section 482 Cr.P.C and/or Article 226...

Only Indian Citizens have access to the basic fundamental right under Article 19: Supreme Court states while dismissing the petition in Rohingyas' Case

Date: Nov 17, 2022

Case Title: Mohammad Salimullah v. Union Of India The Supreme Court, while rejecting a petition to halt the deportation of Rohingya refugees detained in Jammu, stated that the right, not to be...

Operations under the Scheme are not behind iron curtains incapable of being pierced: Supreme Court while dismissing applications against the maintainability of electoral bonds

Date: Nov 17, 2022

Case Title: Association for Democratic Reforms v. Union of India and others The Supreme Court remarked that the operations under the Electoral Bond Scheme are not hidden behind iron curtains that...

Non-establishment of the complete chain of circumstances to prove the crime, can be fatal for the Prosecution's case: Allahabad HC

Date: Nov 17, 2022

Case Title: Suresh alias Chaveney v. the State Of U.P  The Allahabad High Court categorically held that in a case premised on circumstantial evidence, it is essential that a complete chain of...

To deny the protection on the premise that the crime was not committed against an SC & ST person solely on the ground of their caste identity is unacceptable: Supreme Court

Date: Nov 17, 2022

Case Title: Patan Jamal Vali v. State of Andhra Pradesh The Supreme Court questioned earlier decisions that construed Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of...

The death penalty will stay suspended until the appeals are heard and decided: Supreme Court while allowing for the convict psychological assessment

Date: Nov 17, 2022

Case Title: RAMKIRAT MUNILAL GOUD v. THE STATE OF MAHARASHTRA A death row inmate's execution was recently stayed by the Supreme Court, and a representative of the Project 39A of the National Law...

Analysis of U.P. Minor Minerals (Concession) Rules, 1963

Date: Nov 16, 2022

An Analytical Study of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963: Legislative Framework, Key Provisions, and Judicial Scrutiny Introduction The Uttar Pradesh Minor Minerals...

Revisiting the Maxim “Father is the Natural Guardian”

Date: Nov 16, 2022

Revisiting the Maxim “Father is the Natural Guardian”: Doctrinal Resilience and Contemporary Re-Alignment in Indian Law Introduction The aphorism that “the father is the natural guardian” has long...

An insured party may still request arbitration even after signing a subrogation-cum-assignment contract with an insurance company: Delhi High Court

Date: Nov 16, 2022

Case Title: Fresenius Medical Care Dialysis Service India Pvt. Ltd. v. Kerry Indev Logistics Pvt. Ltd. According to the Delhi High Court, an insured party may still request arbitration even after...

Courts should abstain from expressing any stereotypical opinion, in words spoken during proceedings, or in the course of a judicial order: Supreme Court

Date: Nov 16, 2022

Case Title: Aparna Bhat v. State of Madhya Pradesh The Supreme Court proposed that judges and public prosecutors should get gender sensitization training. The panel, which included Justices AM...

Evaluation criteria set by the Army constituted systemic discrimination against the Women which has caused economic and psychological harm and an affront to their dignity: Supreme Court

Date: Nov 16, 2022

Case Title: Lt Col Nitisha and others v. Union of India and others The Indian Army's assessment parameters for granting permanent commissions to female officers were pronounced "arbitrary and...

The Apex Court changed the Death Sentence to Life Imprisonment with a 25-year effective term in the rape and murder case of a minor

Date: Nov 16, 2022

Case Title: Nand Kishore V. State of Madhya Pradesh The Madhya Pradesh High Court had upheld the death sentence of a person convicted of raping and killing an eight-year-old girl, but the Supreme...

A delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule: Supreme Court

Date: Nov 16, 2022

Case Title: Government of Maharashtra v. Borse Brothers Engineers and Contractors Pvt Ltd. The Supreme Court overruled its 2019 judgement pronounced in the case, M/s NV International v. State of...

Accident Information Report, Detailed Accident Report etc- Directions issued by Supreme Court for granting uniform compensation in case of motor accidents

Date: Nov 16, 2022

Case Title: Bajaj Allianz General Insurance Company Private Ltd. v. Union of India The Supreme Court has given numerous directions regarding the procedure for paying out compensation as well as...

Unlawful detention adversely impacts the Fundamental Right guaranteed under Article 21: Supreme Court

Date: Nov 16, 2022

Case Title: Sitaram Yechury v. Union of India The state of Jammu and Kashmir was shut off from the Internet and communication services on August 5, 2019, as a result of the repeal of Article 370 of...

Revisiting Section 62(2) of the Copyright Act, 1957: Jurisdictional Nuances and Judicial Trends

Date: Nov 16, 2022

Revisiting Section 62(2) of the Copyright Act, 1957: Jurisdictional Nuances and Judicial Trends 1. Introduction Section 62(2) of the Copyright Act, 1957 (“the Act”) constitutes a deliberate...

Supreme Court upheld the 2018 SC&ST Amendment Act's validity

Date: Nov 16, 2022

Case Title: Prithvi Raj Chauhan V. Union of India & Ors The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018 was passed to undo the consequences of the Supreme...