ASLP Logo image
Insights

This section covers the news and articles concerning legal development, analysis on special cases and much more. This page will be a passage to plethora of information and knowledge that you wish to access. Feel free to explore this page and you may navigate to the recent articles through the links given below.



SC: Candidates belonging to the OBC category, having more marks than the general category candidates appointed, were entitled to the appointment in the general category and the seats reserved for OBC category were required to be filled in from and amongst the remaining candidates belonging to the OBC category. SC: The 'Group of Companies' doctrine can be extended to bind even the nin-signatories of an arbitration agreement. SC: Observes that IBC does not expressly bar the corporate debtor from instituting civil proceedings during the moratorium. SC: The definition of 'gang' under the Gangsters Act does not engulf plurality of offence for the Act to be invoked. Thus, even a single crime committed by a 'gang' is sufficient to attract the Act. SC upheld the principle that natural heir who does not support their parents, would not be entitled to inheritance. A person who supports the person until their death could inherit the properties of that person. SC: Parliament is constitutionally obligated to provide protection and clarity wrt the status of the individuals who have been forced to chose one among the newly reorganized states; such obligation stems from reading Art 1, 14, 15, 341 and 342. In the matter, a cheque was issued allegedly as a security and not in discharge of legally recoverable debt. The Court held that the quashing Court should be cautious in prematurely extinguishing the case esp. where the evidence has not been appreicated by the Trial Court. In the matter, land was acquired but the State could not show any acquisition proceedings or transger of rights under law; State claimed it was voluntary surrender of rights for no consideration. Court held that the State cannot deprive compensation as per Art.300A. SC analysed the law regarding ambiguous terms in commercial contracts, and held that as per rule of contra proferentem, an ambiguous term in an insurance contract is to be construed harmoniously. SC: The opinion of the presiding judge is important while decisiding upon remittance; however, such opinion must be accompanied by reasons. SC: Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. SC: Teachers in 100% Government aided private educational institutions in MP are entitled to superannuation age of 65 years along with all consequential and monetary benefits. SC: Where teacher in a govt-aided school was prevented to complete term till 65 years, the teacher is entitled to the benefit of enhanced age of superannuation. SC: When a conscious decision has been taken by the Disciplinary Authority, the same cannot be interfered with by the High Court under Art.226. SC: In the matter concerning a suspected dowry-death, it was held that 'soon before her death' in S.304B of IPC ought to be interpreted to mean proximate, and does not necessarily mean ' immediately prior to her death'. SC: Quashing a criminal complaint on the ground that it has been promoted by political vendetta might result in injustice. SC: When the actual possession of the land has not been taken, the Government may withdraw from the acquisition in the larger public interest. SC: Doctors may only provide the best medical assistance available to them; merely because they could not save the patient would not make a fit case of post-operative medical negligence. SC: Any appointment made in contravention to statutory provisions is void ab initio. Further, mere dismissal of an SLP does not mean the view of the HC has been approved by the SC. Supreme Court upheld compensation awarded by the consumer forum for non-deployment of airbags, which included also punitive damages awarded as a deterrent effect; it is within the jurisdiction of the forum to mould reliefs claimed, provided relief is within stipulation of S.14(1). SC: The rule that the employees cannot dispute their date of birth near the end of their tenure extends also to the employers. Ancestral property cannot be gifted without consent of all coparceners. SC: In the event that there is no waiting list, a candidate can’t claim an appointment to unfilled posts. SC: Arbitral Tribunal cannot pass an order for application u/s 17 of Arbitration Act where dispute pertaining to the liability of rental amount is yet to be considered by the Court. SC: A predeposit of 75% of the awarded amount under Section 19 of the MSMED Act, 2006 is required to challenge the arbitral award. SC: Where the cause of action has arisen wholly in a particular place where the workman worked, the termination will have to be challenged at the same place. The accused after having been in custody for 17 years was released by the court because he was proved to be a juvenile at the time of commission of murder. Obtaining degree in a subject branch does not make a requisite qualification as having degree in the whole subject. Right of the parties must be determined on the date when the lis commences. Nothing Has To Be Proved After Vendor Admits Execution Of Agreement & Payment Of Consideration. Person accused of offences under UAPA was granted bail after having been in custody for almost 8 years due to further possible delay in case trial. SC: No citizen has a right to receive foreign donations; it is a matter of policy and the State has the right to completely prohibit foreign donations in certain cases. Ad hoc payment made in pursuance to interim order by court would not form part of wages under Payment of gratuity Act 1972 for calculating gratuity. Consumer courts have the power and jurisdiction to direct refund of amount deposited by the consumer with interest if the consumer chooses so to be done. Mere differential treatment cannot be termed as an anathema to Article 14 of Constitution if the classification is reasonable. Offenders were released u/s 360 and 361 of CrPC 1973 on the probation of good conduct as they had no prior criminal antecedents against them. SC: AFT would be justified in interfering with the findings of a court-martial where it seems to be legally unsustainable and there is any wrong application on the question of law. SC: Rejection of plaint does not restrain the plaintiff to file a suit against the defendant in accordance with law. SC: Accused cannot be prejudiced by non mention of Section 149 of IPC when the ingredients sufficing the said section are ex facie visible. SC: The order of eviction of unauthorised occupants was confirmed from the Dhanbad coal mines area and the impugned order of HC was set aside. SC: No person can sell the property unless such power has been expressly provided for in the Power of Attorney The Supreme Court of India has issued directions to exclude the period from 15.03.2020 till 14.03.2021 in computing the period of limitation for any suit,appeal, application or proceeding. Supreme Court while overruling the ADM Jabalpur Case held that the Right of Privacy, an inherent right, be unequivocally a Fundamental Right embedded in part-III of the Constitution of India. In a landmark judgement, Passive Euthanasia is made permissible in India. Supreme Court convicts High Court Judge for contempt. Procedure for appointment of designated Senior Advocates laid down by Supreme Court of India Supreme Court issues guidelines with respect to the disposal of the bails and trials within a stipulated time frame. Supreme Court held, Cheque Bouncing cases can be closed even without the consent of the complainant if the Court is satisfied that the complainant has been duly compensated. An accused is entitled to statutory bail (default bail) under Section 167(2)(a)(2) of Code of Criminal procedure if the police failed to file the charge-sheet within 60 days of his arrest for the offence punishable with 'imprisonment up to 10 years'. Supreme Court held, the six month cooling-off period u/s 13 B (2) of Hindu Marriage Act for Divorce by mutual consent as directory and not mandatory. Supreme Court invalidates unilateral divorce popularly called as the Triple Talaq or Talaq-e-biddat. Supreme Court while declaring sexual intercourse with minor wife (below 18 years) as rape struck down Exception 2 to Section 375 IPC as arbitrary, capricious and violative of girl child rights Compromise in rape cases cannot be allowed; Supreme Court of India There can be no quashing of an offence registered under Section 304-A and subsequent proceedings, solely on the basis of a compromise arrived at between the legal heirs/representatives of the victim (deceased) and the accused; Punjab & Haryana HC. Procedure regarding selection and appointment of law officers in the States of Punjab and Haryana explained; Supreme Court of India. Supreme Court of India held; Legal profession is not a commercial activity - Running of office by an Advocate in a building cannot be termed as commercial activity and the electricity rates fixed for commercial user cannot be charged. Madras High Court held compensation awarded by Motor Accident Claims Tribunal cannot be subjected to TDS and Income Tax as it cannot be treated as 'income'. SC/ST Reservation in Promotion in Government Service quashed by Madhya Pradesh High Court An advocate cannot be incriminated for filing an affidavit containing false name of the accused. Supreme Court directs State and Private Employers to complete the departmental inquiries within 6 months. Writ Petition against Private Deemed University is maintainable as imparting of Higher Education amounts to "discharge of public functions"; Supreme Court of India. Supreme Court of India declared that the law on equal right for daughters over ancestral property is prospective in nature. Registration of FIR is mandatory when a Magistrate orders investigation U/S 156(3) of Cr.P.C; Supreme Court. Supreme Court issues guidelines on content regulation of government advertising. Virus of seeking adjournment has to be controlled; Supreme Court. Supreme Court explained the procedure for adding and alteration of charge in a case. The Hon'ble Supreme Court overruled the Dashrath Rupsingh Rathod case wrt the territorial jurisdiction for initiating proceedings emerging from the dishonour of the cheque and held that the place where a cheque is delivered for collection would determine the place of territorial jurisdiction. It further gave the Negotiable Instrument Act Ordinance 2015 a Retrospective effect. Giving dowry at or about the time of wedding does not in any way raise a presumption that such property was entrusted to close relatives of the husband so as to attract Offence under Dowry Act. In view of amicable marital settlement between the parties, the Hon'ble High Court of Madhya Pradesh compounded the offence and quashed the proceeding even though some of the offences mentioned in the FIR were non compoundable in nature. Sanction from appropriate government under section 197 Cr.P.C is essential before prosecuting a public servant for the offence committed by him during discharge of his official duty. The Hon'ble High Court of Madhya Pradesh held that it would be travesty of justice and abuse of process of law if the relatives of the accused husband are made to undergo the rigmarole of a criminal trial for the offence u/s 498-A IPC in the absence of specific and credible allegations with necessary particulars, against them. Matter relating to Aadhaar Card referred to larger bench of Supreme Court. The Apex Court while passing an interim order held that the production of an Aadhaar card will not be a condition for obtaining any benefits otherwise due to a citizen and it cannot be used by the authorities for any purpose other than the PDS Scheme and LPG distribution Scheme. The Hon'ble Supreme Court held that the Facebook page of Traffic Police, Bangalore is a public forum meant for helping the public to put forth their grievances and the act of posting a comment on the Facebook page of Government machinery may not attract ingredients of Criminal Intimidation under section Section 503 Indian Penal Code. The Hon'ble Supreme Court declared National Judicial Appointments Commission (NJAC) as unconstitutional. The Hon'ble Supreme Court has held that it is not necessary for an accused to first file a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the Sessions Court or High Court for bail. The supreme court stayed the Bombay High Court's order wherein levy of service tax on lawyers was dismissed. Registration of documents in Madhya Pradesh shall be done only by means of "E- Registration" through the Department's Electronic Registration System – "SAMPADA" The apex court judges declared Section 66A of the Information Technology (IT) Act, 2000 unconstitutional. The Supreme Court held that condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in a arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies. The Negotiable Instruments (Amendment) Ordinance, 2015 – Specifying the Territorial Jurisdiction of Courts. The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 passed on 26th May 2015 with the objectives of dealing with the problems and procedures of the black money that is undisclosed foreign income and assets, and to provide for imposition of Tax on any undisclosed foreign income and assets held outside India. Hon'ble High Court of Kerela held that in Anticipatory Bail, direction to surrender is illegal. Supreme Court approves centre's Guidelines with respect to the protection of Good Samaritans (bystanders) who help road accident victims from harassment. Supreme Court issues directions to the Union of India and the States to upload each and every First Information Report in the official website of the police of all States, as early as possible, preferably within 24 hours from the time of registration. Supreme Court says that election is a secular exercise and thus seeking vote on the basis of religion, race, caste, community or language should not be allowed. Supreme Court set aside the ban imposed by the trust, prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah as it contravenes Articles 14, 15 and 25 of the Constitution. Dishonour of a post-dated cheque given for repayment of loan instalment which is also described as "security" in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881; Supreme Court. The Property developer has to respect the contractual commitment. It has to live up to the terms of the contract and gain trust so that the people who dream of houses can repose faith in him; Supreme Court. Supreme Court held that the Municipality is a trustee and must, therefore, ensure that public streets are not encroached upon. Further, the Municipality cannot lease out any portion of the public street. Decree for restitution of Conjugal Rights can enforce cohabitation of estranged spouse but it cannot enforce sexual intercourse; Delhi High Court. Supreme Court held that forcing the husband to leave his dependant parents amounts to cruelty. Supreme Court that all the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem