Showing 1939 articles
Requiring Accused’s Presence at Every Appeal Hearing After Suspension of Sentence Serves No Purpose: Supreme Court
The Supreme Court of India has categorically ruled that once a sentence is suspended and bail is granted, an accused or convict cannot be compelled to appear before the appellate court on every date of hearing. The Court held that such a practice is unwarranted, burdensome, and serves no useful purpose, especially…
Court Floats Idea of Treating Live-In Relationships as Marriage, Terms It a ‘Cultural Shock’ for India: Madras High Court
The Madras High Court delivered strong observations on the vulnerability of women involved in live-in relationships, describing such relationships as a “modern web” that often leaves women without legal or social protection. The Court emphasized that the law must evolve to protect women who suffer mental, emotional,…
Bar Associations Do Not Perform Public Functions and Are Not ‘State’ under Article 12: Delhi High Court
The Delhi High Court delivered a significant ruling clarifying the constitutional status of Bar Associations. The Court held that Bar Associations do not perform public functions and therefore cannot be treated as State or instrumentality of State under Article 12 of the Constitution of India. As a result, no writ of…
Court to Act on UK Court’s Request to Record Witness Evidence in Nirav Modi’s Bank of India Trial: Delhi High Court
This news is based on a significant development before the Delhi High Court, where the Court is set to act upon a formal request received from the King’s Bench Division of the Supreme Court of England and Wales for recording evidence of a witness located in India. The matter was heard by Justice C Hari Shankar,…
‘Nata Vivah’ Recognised as Valid Marriage; Family Pension Directed to Deceased Government Employee’s Wife: Rajasthan High Court
Rajasthan High Court delivered an important judgment recognizing Nata Vivah as a valid form of marriage for the purpose of family pension. The Court directed the State to grant family pension to a woman who had entered into a customary Nata Vivah marriage with a deceased government employee and was denied pension…
Rubbing Penis on Genitals Does Not Constitute Penetrative Sexual Assault under POCSO Act: Delhi High Court
The Delhi High Court has partly allowed a criminal appeal filed under the Protection of Children from Sexual Offences Act, modifying the conviction and reducing the sentence after holding that the offence proved did not satisfy the legal requirements of penetrative sexual assault. The Court clarified that while a…
25% By-Transfer Quota for Junior School Teachers under Kerala Education Rules Applies to Sanctioned Strength, Not Vacancies: Kerala High Court
The Kerala High Court has delivered a significant ruling clarifying the method of calculating the by-transfer quota for appointments to the post of Higher Secondary School Teacher (Junior). The Court quashed a Government order that rejected by-transfer appointments and held that the 25% quota under Rule 4(3) of…
Single Appeal Maintainable Against Common Judgment in Suit and Counter-Claim: Madras High Court
The Madras High Court has clarified an important procedural aspect under the Code of Civil Procedure, 1908, holding that a single appeal is maintainable against a common judgment passed in a suit and its counter-claim. The Court observed that since both the suit and counter-claim culminate in one composite judgment…
States Cannot Prescribe Qualifications Beyond Those Laid Down under Union Law: Supreme Court
The Supreme Court of India has delivered an important judgment clarifying the limits of State power in prescribing qualifications for public posts governed by Central law. The case arose from disputes involving appointments to the post of Drug Inspector under the Drugs and Cosmetics Act, 1940 and the Drugs and…
Observations on Anticipatory Bail in Rape and Sexual Assault Allegations under SC/ST (Prevention of Atrocities) Act and POCSO Act: Bombay High Court
Anticipatory Bail Application No. 1994 of 2025 was decided by the Bombay High Court, Bench at Aurangabad, presided over by Justice Mehroz K. Pathan. The matter arose from serious allegations involving offences under the Indian Penal Code, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,…
