Exception 4 To Section 300 IPC Not Applicable Where Accused Takes Undue Advantage By Inflicting A Fatal Injury On An Unarmed Victim: Kerala High Court. Custodial Interrogation Isn't Automatic: Punjab & Haryana HC Criticizes ED Remand Process Patna High Court Acquits Accused in Abduction Case Due to Inconsistencies and Lack of Evidence Madhya Pradesh High Court Quashes Passport Authority's Demand for Court Permission in Minor’s Passport Renewal Dispute Serious Allegations Under POCSO Act Cannot Be Quashed Solely Based On Withdrawal Of Accusations By The Victim’s Parent: Kerala High Court No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans Disciplinary Upholds Action Against RPF Officer For Failing To Prevent Theft: Delhi High Court Eviction Under Senior Citizens Act Not Permissible Without a Maintenance Claim: Patna High Court Maintainability of Divorce Suits Under Muslim Personal Law: Madhya Pradesh High Court Recognizes Muslim Male's Right to Judicial Divorce Presumption Under Section 113A of the Evidence Act Cannot Arise Without Evidence of Cruelty: Supreme Court Judicial Review Under Article 32 Not a Substitute for Statutory Remedies: Supreme Court Prosecution Failed to Prove Ingredients of Kidnapping or Abduction with Illicit Intent: Supreme Court Excise Duty | Price Was Not the Sole Consideration for Sale, and Extended Limitation Was Unjustified: Supreme Court Disciplinary Proceedings Based on Hearsay and Malice Cannot Be Sustained: Supreme Court

"CIVIL" Digest

Debts Recovery Tribunal Jurisdiction - Interpretation of Section 13(10) of the SARFAESI Act - Whether the Debts Recovery Tribunal constituted under the RDB Act exercises original jurisdiction for the recovery of debts under the SARFAESI Act - Examination of the legislative intent - Applicability of pecuniary jurisdiction under the RDB Act to applications made under Section 13(10) of the SARFAESI A...

Service Law - Promotion of petitioner to the post of Hindi Master - Interpretation of circular and cut-off dates - Denial of promotion found to be wrongful and unjustified - Writ petition allowed - Directions to consider petitioner's case for promotion on the post of Hindi Master in accordance with Punjab State Education Class III (School Cadre) Service Rules 1978 - Petitioner ranked at senior...

Family Court Appeal – Appeals against dissolution of marriage and denial of restitution of conjugal rights allowed – Erroneous application of law and misinterpretation of facts by the Family Court corrected – Marriage dissolution set aside, restitution of conjugal rights granted. [Para 38]   Cruelty and Desertion – Insufficient evidence to support claims of cruel...

Commercial Law – Condonation of Delay in Filing Written Statement –adjudicated upon the condonation of delay in filing the written statement by the respondent in a commercial dispute under the provisions of the Commercial Courts Act, 2015. The primary contention revolved around whether the delay beyond the statutorily prescribed period could be condoned under Order VIII Rule 1 of the C...

Petroleum Retail Outlet – Dispute over establishment and operation of fuel station – Petitioner's objection based on alleged guideline violations for distance requirements – Claims of insufficient distance from intersection and inadequate space for service road challenged. [Para 1]   Regulatory Compliance – NOC granted by Deputy Commissioner for the establish...

Public Interest Litigation – Quo Warranto – Judicial inquiry into the legitimacy of the appointment of the Director of the Morarji Desai National Institute of Yoga – Petitioner alleges lack of requisite qualifications and fabricated employment record of the respondent – Court finds the respondent met the essential criteria at the time of appointment. [Para 1, 20-22] &nbs...

Detention under Foreigners Act - Power to Detain and Confine - Delegation of Authority - G.O.Rt.No.599, dated 02.11.2021 issued by 1st respondent - Legality - Writ Petition challenging the Government Order - Delegation of power under Section 3(2)(g) of the Foreigners Act - Absence of such delegation - Detenu's alleged fraudulent entry into India and possession of forged documents - Grant of ba...

Taxation – Challenge against the lower deduction of tax certificate issued under Section 197 of the IT Act – Petitioner, a company in e-commerce retail, sought to challenge the certificate permitting the deduction of TDS at 0.5% instead of 0.01% requested – The court found the order to be non-speaking and mechanically issued, lacking proper reasoning – Impugned actions set ...

Eviction Suit – Rent Arrears and Mesne Profits – Order XV-A CPC Application - Court dismissed the petitioner's appeal against the Trial Court's rejection of an application under Order XV-A CPC for deposit of arrears of rent and user charges by the respondent. The court examined the relationship between landlord and tenant and the applicability of Order XV-A in cases where the t...

Goods and Services Tax – Classification of Polypropylene Woven and Non-Woven Bags – Challenge against Circular No. 80/54/2018-GST dated 31.12.2018 – Circular quashed due to lack of authority of Tax Research Unit to issue such clarifications under CGST Act. [Paras 1, 3, 4, 7, 23]   Judicial Authority – Power of Tax Research Unit under Central Goods & Services ...