others

KEY TAKEAWAYS The Kerala High Court expressed concern on Tuesday over the rising number of cases filed under the Protection of Children from Sexual Offences Act (POCSO) in the state, as well as the lack of a system to protect children from the perpetrators' threats. Justice ..

Development of Law of Torts Tort laws were designed to compensate the injured party by obliging the wrongdoer to compensate for his act or omission. Generally, all torts are wrongs, but all wrongs do not come within the ambit of Torts. Salmond says that a tort is an “obligationes ex delicto”, that is, it arises wh..

NEGLIGENCE Negligence is defined as the absence of such care as was the duty of the defendant to use or exercise. It is conduct that fails to meet the standard required by law to safeguard others. It can be committed against a person or their property. Winfield defines negligence as &ldq..

KEY TAKEAWAYS The Supreme Court remarked last month in a judgement that rejected criminal proceedings against a property buyer that a civil dispute had been given the appearance of a criminal offence. The bench of Justices Indira Banerjee and J K Maheshwari made the above observ..

SC: Criminal Proceedings Cannot Become Weapons Of Harassment The case was of Randheer Singh v. State of UP. The decision was given by Justices Indira Banerjee and JK Maheshwari. The Court held that dispute of a civil nature has been given colour of criminal offence. The High Court should examine whether a complaint discloses ..

Key Takeaways Physical filing of cases by the government will not be allowed after 1 January 2022. The High Courts will be responsible for issuing any circulars or notifications regarding the same. The judiciary has been attempting to digi..

Key Takeaways Courts are routinely assigning community service as a bail condition. Interpretations of the bail provisions in the Criminal Procedure Code indicate that the courts cannot impose these conditions, and such conditions should be void li style="text-align: jus..

KEY TAKEAWAYS The Bombay High Court recently granted pre-arrest bail to hospital staff who were charged under the SC/ST Act for allegedly insulting the complainant and other persons (members of the Scheduled Caste community) by detaining their relative's dead body. Noting th..

KEY TAKEAWAYS The Supreme Court stated that a civil court lacks jurisdiction to hear a case based on the Industrial Disputes Act's provisions. The above observation was made by a bench of Justices R Subhash Reddy and Hrishikesh Roy. h2 style="text-align: just..

Civil Court Lacks Jurisdiction To Entertain Suit Based On Industrial Disputes Act The Court said that though civil courts may have limited jurisdiction in service matters, such jurisdiction may not be available to adjudicate on orders passed by disciplinary authority under Industrial Disputes Act. The case was of Milkhi Ram v..

KEY TAKEAWAYS The Supreme Court on Friday gave the Centre and the Indian Army until October 22 to resolve the issue of granting Permanent Commission to women Short Service Commission officers who have no disciplinary or vigilance clearance issues. The bench of Justices D. Y. Cha..

Case title and citation Safiq Ahmad v ICICI Lombard General Insurance Co. Ltd. & Ors.| Special Leave to Appeal (C) No. 1110/2017 Key Takeaways The Bar Council should act against the advocates who are aiding in filing fake insurance cla..

Case name GOVERNMENT OF NCT OF DELHI THROUGH DY COMMISSIONER DEPARTMENT OF TRANSPORT v. NATIONAL COMMISSION FOR SCHEDULED CASTES & ANR. Key Takeaways Submissions have been made to declare that the Commission does not have the power to ac..

KEY TAKEAWAYS The Special NDPS (Narcotic Drugs and Psychotropic Substances) Court in Mumbai has reserved its decision on the bail applications filed by Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha, who were arrested by the Narcotics Control Bureau on October 3 in connection with the cruise ship drug case. ..

KEY TAKEAWAYS The Supreme Court ruled that the date of receipt of the assessment order has no bearing on the calculation of the limitation period for the Revision by the Principal Commissioner under Section 263 of the Income Tax Act. The above observation was made by a two judge..