Showing 8236 articles
Tender Cannot Be Cancelled on the Ground of Expiry of Bid Validity After Invoking Extension Clause: Patna High Court
The Patna High Court has held that once a tendering authority invokes the contractual mechanism for extension of bid validity under the Standard Bidding Document (SBD) and obtains the bidder's consent, it cannot later cancel the tender only by citing expiry of the original bid validity period. The Court ruled that…
Writ of Mandamus Cannot Be Issued for Non-Registration of Criminal Case; BNSS Provides an Efficacious Remedy: Allahabad High Court
The Allahabad High Court has held that a Writ of Mandamus cannot be issued merely because a person alleges that the police have failed to register a criminal case. The Court ruled that where the grievance relates to non-registration of an FIR or failure to investigate, an effective statutory remedy is already…
'In a Free Fight, Each Person Is Responsible for Their Own Act': Four Women Acquitted, Conviction of Two Men Upheld in 1984 Clash: Allahabad High Court '
The Allahabad High Court has held that when the prosecution fails to establish which side was the aggressor in a violent clash, the incident is to be treated as a "free fight", where every individual is responsible only for his or her own act. Applying this principle, the Court acquitted four women due to lack of…
Financial Upgradation Under MACPS Limited to the Next Higher Grade Pay; Cannot Be Used to Claim Parity With Promotional Hierarchies: Delhi High Court
The Delhi High Court has upheld the validity of the Modified Assured Career Progression Scheme (MACPS) and ruled that financial upgradation under the Scheme is limited to the next higher Grade Pay and not the Grade Pay attached to the next promotional post. The Court held that MACPS is only a financial benefit and…
GMC Srinagar Directed to Immediately Address Shortage of Factor VIII and Emicizumab in Haemophilia Drug Supply: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has directed the Principal, Government Medical College, Srinagar to immediately address the acute shortage of Factor-VIII and Emicizumab, observing that around 300 Haemophilia patients are suffering due to the non-availability of these life-saving medicines. The Court also…
Allegation of Child Marriage Does Not Empower Divorce Court to Direct Registration of POCSO FIR: Calcutta High Court
The Calcutta High Court has held that a court hearing a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 cannot direct registration of a criminal case under the Protection of Children from Sexual Offences Act, 2012 merely because there is an allegation that the marriage was a child…
Can a Man in a Void Second Marriage Be Treated as 'Husband' for Dowry Death and Cruelty Offences Under Sections 80 & 85 of the BNS? Answered: Allahabad High Court
The Allahabad High Court has held that a man whose second marriage is void because his first marriage was still subsisting cannot ordinarily be treated as a "husband" for the purposes of Section 80 of the Bharatiya Nyaya Sanhita, 2023 relating to dowry death and Section 85 of the Bharatiya Nyaya Sanhita, 2023 relating…
FERA Proceedings Against Standard Chartered Bank Quashed Due to Absence of Mandatory Notice: Supreme Court
The Supreme Court has quashed criminal proceedings initiated against Standard Chartered Bank and one of its officials under the Foreign Exchange Regulation Act, 1973, holding that the prosecution failed to comply with the mandatory requirement of issuing an opportunity notice under Section 61(2) of the Foreign…
Touching a Child's Chest With Sexual Intent Constitutes Sexual Assault Under the POCSO Act: Kerala High Court
The Kerala High Court has held that touching a child's chest with sexual intent amounts to sexual assault under the Protection of Children from Sexual Offences Act, 2012. The Court observed that in the ordinary understanding of the words used by a child victim, the expression "chest" would include "breast" for the…
Demanding ₹2 Crore for Mutual Divorce and Refusing to Resume Matrimonial Life Constitutes Mental Cruelty: Chhattisgarh High Court
The Chhattisgarh High Court has upheld a decree of divorce granted under the Hindu Marriage Act, 1955, holding that a wife's refusal to return to her matrimonial home despite repeated efforts for reconciliation and her demand of ₹2 crore for granting mutual divorce amounted to mental cruelty and desertion. The Court…
