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Amendments Needed in Civil Services Rules to Clarify Conflicting Marriage Claims in Family Pension: Rajasthan High Court
The Rajasthan High Court has observed that the Rajasthan Civil Services (Pension) Rules, 1996 may need appropriate amendments to clarify provisions related to nomination, dissolution of marriage and entitlement to pension. Justice Farjand Ali made this observation while directing the Advocate General to inform the…
Magistrate Cannot Invoke IT Rules, 2009 to Block Online Content: Bombay High Court
The Bombay High Court recently delivered a significant judgment regarding the power to block online content under the Information Technology Act, 2000. The case arose from petitions filed by Dhyan Foundation, a charitable non-governmental organisation working for animal welfare, against Google LLC. The NGO approached…
NDPS Act Has Overriding Effect Even in Customs Area; Bail Refused in ₹15.5 Crore Hydroponic Weed Seizure Case: Rajasthan High Court
The Rajasthan High Court recently examined an alleged smuggling case of Hydroponic Weed brought from Bangkok and seized at the airport, focusing on how the NDPS Act and Customs Act interact during narcotics seizures. The Court highlighted how Section 80 NDPS Act gives the special law overriding effect, which allowed…
Secured Creditors Entitled to Priority After Enactment of Section 26E under SARFAESI Act: Punjab & Haryana High Court
The Punjab and Haryana High Court has reaffirmed that after the notification of Section 26E of the SARFAESI Act on 24 January 2020, secured creditors enjoy statutory priority over all other dues. The Court clarified that in every case where the charge is created after this date, debts owed to secured creditors will…
Filing of Entrepreneur Memorandum Not Mandatory under the MSME Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that filing an Entrepreneur Memorandum is not a mandatory requirement for micro and small enterprises under the Micro, Small and Medium Enterprises Development Act, 2006. Justice Sandeep Sharma clarified that these enterprises are not bound to submit the memorandum within 180…
Earning Woman Capable of Maintaining Herself Not Entitled to Maintenance under Section 125 CrPC: Allahabad High Court
The Allahabad High Court has ruled that a wife who is gainfully employed and earning enough to support herself is not entitled to maintenance under Section 125 CrPC. Justice Madan Pal Singh delivered this judgment while setting aside the order of the Principal Judge, Family Court, Gautam Budha Nagar, which had…
SARFAESI Sale Cannot Proceed If Sale Certificate Is Not Issued Before IBC Moratorium: Bombay High Court
The Bombay High Court has delivered a significant ruling on the interplay between the SARFAESI Act and the Insolvency and Bankruptcy Code, holding that a secured creditor cannot continue a SARFAESI auction sale once an interim moratorium under Section 96 IBC begins. The Court ruled that Union Bank of India was not…
Coordinated Policy Needed to Prevent Delays in Transporting DNA Evidence in Sexual Assault Cases: Delhi High Court
In the case titled DARSHAN MOHAR v. STATE OF NCT OF DELHI AND ANR, the Delhi High Court raised serious concerns about delays in transporting DNA samples in sexual assault investigations. Justice Swarana Kanta Sharma delivered the judgment while hearing an appeal against conviction under the Section 6 POCSO Act, where…
“If the State Presumes Guilt, Speedy Trial Must Also Be Ensured”; Court Flags Delays in UAPA Trials and Directs High Courts to Monitor Pending Cases: Supreme Court ‘
In a landmark judgment in the case Central Bureau of Investigation v. Dayamoy Mahato etc, the Supreme Court issued sweeping directions to all High Courts across India to ensure speedy and responsible handling of trials under special statutes such as the Unlawful Activities (Prevention) Act which impose a reverse…
Secured Creditors’ Dues Must Take Priority Over Government Revenues: Punjab and Haryana High Court
The Punjab and Haryana High Court has delivered an important judgment explaining how priority of charge must be decided under the SARFAESI Act 2002, especially after the introduction of Section 26E. The Court also made strong observations because many disputes continue to arise despite the law being clear. Background…
