India Columns

Aspects of the "Group of Companies" Doctrine are referred to a larger bench by the Supreme Court

Date: Sep 30, 2022

Cox & Kings has a number of contracts with SAP India (Respondent No 1). As a result of disagreements between the parties, Respondent No. 1 and its parent business, Respondent No. 2, were subject to...

Kerala High Court: Whether Suit falls under section 92 CPC has to be decided Before Trial

Date: Sep 30, 2022

Case Title: Sadasivan & Anr. v. Sadasivan Nair & Ors. On Tuesday, the Kerala High Court ruled that any dispute over whether a lawsuit fits under Section 92 of the Code of Civil Procedure (C.P.C.)...

Allahabad High Court Seeks ASI DG's Personal Affidavit

Date: Sep 30, 2022

Case Title: Anjuman Intazamia Masazid Varanasi Vs Ist A.D.J. Varanasi And Others (Matters under article 227 No. - 3341 of 2017) The Director General of the Archaeological Survey of India, New Delhi,...

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

Date: Sep 30, 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...

Registration of a Family Arrangement is necessary only if the terms are reduced to writing.

Date: Sep 30, 2022

The Delhi High Court in Dr Sanjiv Gupta & Anr. v/s  Sh. S.S. Verma laid down that registration of a Family Arrangement is necessary only if the terms are reduced to writing and not when the terms are...

Section 302 and Section 201 IPC – Substantive and Procedural Intersections in Indian Criminal Law

Date: Sep 30, 2022

Section 302 and Section 201 of the Indian Penal Code: A Doctrinal and Jurisprudential Analysis 1 · Introduction Section 302 of the Indian Penal Code, 1860 (“IPC”) prescribes the punishment for the...

Highway construction sites are best judged by the NHAI

Date: Sep 30, 2022

The National Highway Authority of India (NHAI) is the best judge to determine which land would be suitable for the construction of the highways, according to the Allahabad High Court. No project can...

Moral and ethical considerations cannot be used to convict a person under POCA

Date: Sep 30, 2022

The Prevention of Corruption Act, 1988 (POCA) cannot be used as justification for conviction, according to the Bombay High Court. The prosecution must prove beyond a reasonable doubt that the...

Supreme Court Orders Status Quo on Man's Plea that he should not be Deported till his Indian Citizenship is Decided

Date: Sep 30, 2022

Case Title: Akil Valibhai Piplodwala (Lokhandwala) vs District Superintendent of Police, Panchmahal, Godhra and Others - SLP(C) No. 16069/2022 A man filed a petition in the Supreme Court, requesting...

Pondicherry Hindu Law: A Study in Legal Pluralism

Date: Sep 30, 2022

Navigating Legal Pluralism: The Enduring Influence of Customary Hindu Law in Puducherry Introduction The Union Territory of Puducherry, formerly Pondicherry, presents a unique tapestry of legal...

There should be timely disposal of complaints filed against Advocates

Date: Sep 30, 2022

The Supreme Court in Charanjeet Singh Chanderpal v. Vasant D. Salunkhe & Ors. case sought the Bar Council of India's detailed reply in a contempt petition alleging disobedience of Top Court's...

Refusing to permit the production of additional documents would be denying justice, even if there's some delay in seeking permission.

Date: Sep 30, 2022

The Supreme Court in Levaku Pedda Reddamma v. Gottumukkala Venkata Subbamma observed that refusing permission to a party in a civil suit to produce additional documents even if there is some delay...

Supreme Court: Sodomy, Forced Homosexuality Rampant in Jails; Prisoners walk out filled with Revenge

Date: Sep 30, 2022

Case Title: Gautam Navlakha v. National Investigation Agency Gautam Navlakha, a defendant in the Bhima Koregaon case, was testifying in court about the conditions in Taloja Central Prison, where he...

Writ jurisdiction in contractual matters can be invoked in arbitrary functioning of public offices

Date: Sep 30, 2022

The Karnataka High Court granted the petition despite noting that Writ Courts typically do not grant indulgence in cases involving contracts and the failure to pay contractors' bills, particularly...

Conformity with the Covid 19 protocols during the election campaigns

Date: Sep 30, 2022

The Delhi High Court ordered the Election Commission of India (ECI) to ensure that political parties strictly abide by the regulations on the COVID-19 requirements during elections.   In the instant...

Reports from social investigations cannot be relied upon as they are not properly researched

Date: Sep 30, 2022

The Allahabad High Court stated that since social background or social investigation reports are typically generated without conducting adequate research, they cannot be heavily relied upon while...

Supreme Court: An Order is in Given Factual Circumstances; Judgment Lays Down Principles of Law

Date: Sep 30, 2022

The bench of Justices Sanjay Kishan Kaul, Abhay S. Oka, and Vikram Nath stated, "Any order or judgement delivered by this Court becomes a reportable exercise to produce higher volumes of reported...

Supreme Court to Hear Plea Challenging Constitutionality of Unlawful Activities Prevention Act

Date: Sep 30, 2022

Case Title: Foundation of media professionals & Anr v UOI & Ors The Unlawful Activities (Prevention) Act of 1967 was challenged in a writ petition contesting its constitutionality. A Supreme Court...

Ex Debito Justitiae and the Code of Civil Procedure in India

Date: Sep 29, 2022

Ex Debito Justitiae and the Code of Civil Procedure in India: A Scholarly Analysis Introduction The Latin maxim ex debito justitiae, meaning "from a debt of justice" or "as a matter of right,"...

Maharashtra Land Revenue Code mandates the tehsildar to correct land records according to the current status of the land

Date: Sep 29, 2022

The Nagpur Bench of the Bombay High Court ruled that even if acquisition proceedings are still pending before the high court, the tehsildar has the authority under the Maharashtra Land Revenue Code...