India Columns

Improper Valuation of Suits under Indian Law: Jurisdictional and Procedural Implications

Date: Oct 10, 2022

“Suit is not Properly Valued”: Jurisdiction, Court-Fee and Corrective Mechanisms in Indian Civil Litigation Introduction The valuation of a civil suit is not a mere fiscal formality; it determines...

Analysis of Section 4 of the Tamil Nadu Prohibition Act, 1937

Date: Oct 10, 2022

An Analysis of Section 4 of the Tamil Nadu Prohibition Act, 1937 Introduction The Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) (hereinafter "the Act") stands as a significant piece of...

Anticipatory Bail Plea of Accused Who Threatened Victim's Mother Was Rejected in Madhu Lynching Case.

Date: Oct 10, 2022

The Kerala High Court in Abbas R.V. v. State of Kerala & Ors. rejected the application for anticipatory bail as the applicant has threatened the mother of the victim.  Three questions arose before...

Acknowledgement of the Arbitration clause by the parties is sufficient to appoint Arbitrators

Date: Oct 10, 2022

The Bombay High Court (BHC) decided that once parties acknowledge the arbitration clause's existence, the court may appoint, even if the required amount of stamp duty is not paid, an arbiter. In the...

Delhi HC: WhatsApp Privacy Policy Forces users into Agreement, shares Sensitive Data with Facebook

Date: Oct 7, 2022

Case Title: WhatsApp LLC v. Competition Commission of India & Anr According to the Delhi High Court, WhatsApp's 2021 privacy policy forces users to accept it or reject it by giving them the illusion...

Political neutrality must for Civil Servants, reiterates Apex Court.

Date: Oct 7, 2022

Political neutrality must for Civil Servants, reiterates Apex Court.  While deciding on a petition seeking a ‘cooling off’ period for civil servants post resignation or retirement from service, the...

Giving Marriage Certificates isn't Arya Samaj's Business. Certificates issued by appropriate authorities alone are valid.

Date: Oct 7, 2022

The Supreme Court in Sunil Lora v State of Rajasthan refused to accept a marriage certificate issued by Arya Samaj while considering the bail application of an accused against whom FIR was registered...

Strain In Marriage Ground For Wife To Seek Abortion Of Pregnancy Upto 24 Weeks, Legal Divorce Or Husband's Consent Not Required.

Date: Oct 7, 2022

The Kerala High Court in a case titled X vs Union of India observed that the drastic changes in the matrimonial life of a pregnant woman fulfil the condition of 'change of her marital status in Rule...

District Court Has Power To Extend Mandate Or Substitute Arbitrator Under Section 29A Of A&C Act In A Reference Made Under MSMED Act.

Date: Oct 7, 2022

The Bombay High Court in M/s. Magnum Opus IT Consulting Private Limited versus M/s. Artcad Systems observed that since there is no provision under the MSMED Act to extend the mandate of the...

Ordinarily, the High Court does not have to go into inquiring about the reliability of evidence under section 482 CrPC.

Date: Oct 7, 2022

The Supreme Court in Jagmohan Singh v/s  Vimlesh Kumar & Ors. reiterated that “While exercising jurisdiction under Section 482 of the Cr.P.C., the High Court should not ordinarily embark upon an...

Rigours of Section 37 of the NDPS Act can be relaxed in cases of commercial quantity if the trial has been delayed.

Date: Oct 7, 2022

The Punjab & Haryana High Court in Ghanso @ Kalo v. the State of Punjab on account of delay in the conclusion of the trial, rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act...

Freedom Of Religion Also Extends To Rites And Ceremonies Associated With A Religion

Date: Oct 7, 2022

The Madras High Court in S. Narayanan v. The State of Tamil Nadu and Others has observed that rituals and observations prescribed under a religion that form an integral part of that religion are also...

Rape should be a gender neutral offence, opines Kerala High Court.

Date: Oct 7, 2022

The Kerala High Courtwhile adjudicating upon a matrimonial dispute moved by a divorced couple over custody of their child.  orally remarked that the offence of rape should be made gender neutral. ...

Immaterial of the existing wife's consent, Bigamy is a continuing offence.

Date: Oct 7, 2022

The Karnataka High Court in Anand C. @ Anku Gowda & Others V. Chandramma observed that bigamy u/s 494 of the Indian Penal Code is a continuing offence and the wife's consent for the subsequent...

Failure to supply the documents referred to in the detention order affects the detenu's rights under article 22 clause 5 of the Indian Constitution.

Date: Oct 7, 2022

The Kerala High Court in Nushath Koyamu v. Union of India & Ors. observed that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective...

Bail refused to lawyer accused of cheating & criminal breach of trust

Date: Oct 7, 2022

The Gujarat High Court in Shaileshgiri Mohangiri Meghnathi v/s State Of Gujarat who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed.  Terming it as a...

POCSO vs MTP Act: Concerns Raised about Mandatory Police Reporting Requirement in Teenage Pregnancies

Date: Oct 7, 2022

Case Title: X v. Principal Secretary Health and Family Welfare Department Govt of NCT of Delhi & Ors.  On September 20, the Delhi High Court issued a directive ordering the Centre to make...

Analysis of Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Date: Oct 6, 2022

An Exposition of Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960: Judicial Interpretation of Landlord's Bona Fide Requirement for Non-Residential Premises...

Offence under Section 3(1)(u) is only considered when committed against a community's members "as a group"

Date: Oct 6, 2022

The Scheduled Castes and Scheduled Tribes Act's Section 3(1)(u) only applies when someone attempts to incite animosity toward SC or ST community members as a whole, according to the Madras High...

The CCI Director General's Report is not conclusive or determinative; the Commission may consider all relevant factors before making a decision

Date: Oct 6, 2022

Delhi High court stated that the Competition Commission of India (CCI) Director General's investigation report, is neither conclusive nor determinative because the Commission is ultimately...