Category: Top Stories

If a candidate’s primary source of income is not from agriculture or holds a license for merchants, commission agents, or brokers, he cannot be selected as a committee member on behalf of the agricultural constituency: Mumbai HC
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-Report by Arunima Jain The Mumbai High Court on Friday upheld that any individual representing an agricultureconstituency whilst running for candidature must understand the meaning of being a memberof the committee. If the person’s primary source of income is not from agricultural processes,or if the person holds a trader’s/ commission agent’s or broker’s license, orRead More

THE OFFICER COMPULSORILY RETIRED FROM SERVICE DUE TO PHYSICAL UNFITNESS
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-Report by Nehha Mishra In the case of DILIP KUMAR VS UNION OF INDIA, the court said that the “petitioner may be unfit to perform the duty for the post he was appointed but certainly, punishment of “removal from service” inflicted upon him is too harsh.” FACTS The petitioner joined the Indo-Tibetan Police Force (ITBP) in 1993 as a Sub-InspectorRead More

A CHALLENGE TO THE DECISION MADE UNDER CPC ORDER 37 RULE 4 IS NOT ADMISSIBLE UNDER ORDER 43 RULE 1
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-Report by Sejal Jethva ZAFAR BADYARI VS. SANDEEP SINGH, in this matter, the appellant/defendant seeks to challenge the decision made by the learned, Tis Hazari Courts, Delhi, according to Order 43 Rule 1 read with Section 104 CPC. FACTS The respondent/plaintiff had brought the underlying lawsuit, CS No.461/2021, following Order 37 CPC, to collect possession, licence fees, and damages of Rs.13,30,000.Read More

SC DECLINES TO REVOKE A 40-DAY UNION USING THE POWER OF ARTICLE 142 OF THE CONSTITUTION
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-Report by Nehha Mishra In the case of DELMA LUBNA COELHO VS EDMOND CLINT FERNANDES, the petitioner filed the petition seeking the transfer of the pending case before the family judge at Mangaluru, Karnataka to the family court at Bandra, Mumbai, Maharashtra. FACTS The couple met on Facebook in December 2019 and married on December 5, 2020, according toRead More

Non-appearance in the court is self-evident that the party has failed to contend the case on the merits: Delhi HC granted ex parte decision
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-Report by Srishti Delhi High Court in the case of LOUIS VUITTON MALLETIER Vs SANTOSH & ORS. on April 18 passed an ex parte decision imposing a permanent injunction to restrain the defendant from using the plaintiff’s trademark for manufacturing and selling goods and granted other temporary reliefs. FACTS: The plaintiff company Louis Vuitton Malletier was set up in France and is a Frenchluxury fashion and leather goods company owning the brand named Louis Vuitton. InRead More

Blacklisting to contractors on the course of tender should be made after following the requisite steps of show-cause: SC
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-Report by Kanishka The recent judgment of ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRA V/S MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. & ANR. is concerned with the debarring of the contractor in course of tender. FACTS: The appellant, a sole proprietorship company, has been in the transformer manufacturing and maintenance industry for the past 30 years. Its facility is located at Govind Pura,Read More

NO JUSTIFICATION FOR NOT ADJUDICATING NOTICES MORE THAN 15 YEARS AFTER ISSUANCE, THE SAME MUST BE DONE IN A REASONABLE TIME: DELHI HC
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-Report by Arunima Jain The Delhi High Court on Thursday while referring to Section 73 of the Finance Act, 1994, upheld that the question of whether the notice or demand for recovery was given within a reasonable length of time considering the case’s facts and circumstances should be considered by the pertinent official. Moreover, it is established law that jurisdiction must be exercised within a reasonable amount of time even if a time limit is not specified. If there exist nojustified reasons to condone the delay cause, then the relevant caseRead More

Undertrials’ strip searches are humiliating and violate their fundamental right to privacy, according to a Mumbai Court
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-Report by Utkarsh Kamal In this case, we are going to discuss the rights of the prisoners, and also as the fundamental right ( right to privacy) of a prisoner and the right to live with dignity, in this case, the prisoner is an accused and he asked to be nude in front of theRead More

MEMBER OF ZILLA PARISHAD DISQUALIFIED FOR USING HIS POWER FOR PERSONAL INTEREST
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-Report by Nehha Mishra In the case of VIRENDRA SINGH VS THE ADDITIONAL COMMISSIONER, the appellant was disqualified under Sections 40 and 16(1)(i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. FACTS The appellant was elected as a member of the Zilla Parishad, Chimthane Block, Taluq Shindkheda, District Dhule, as a candidate of a recognized party. He was, however,Read More

GRAVITY OF CRIME AND EXERCISE OF JUDICIAL CONSCIENCE PLAY PIVOTAL ROLE IN PRESCRIBING PUNISHMENT: SC
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-Report by Arunima Jain The Supreme Court on Thursday announced its decision on the long-standing appeal of the petitioner in this case of a triple murder. The Constitution Bench has determined that the HighCourt or, in the event of a subsequent appeal, the Supreme Court, and not any other Court inthis country, may exercise power to impose a fixed term sentence or modified punishmentthat can be derived from the IPC. When a Constitutional Court determines that even though a case does not fall underRead More