legal-updates

202 CRPC IS MANDATORY EVEN IF THE GOVERNMENT IS THE COMPLAINANT, CONCLUDES JHARKHAND HC – The Jharkhand High Court has ruled that even if the government is the complainant, there is no exception to Section 202 of the Criminal Procedure Code and that the judge must delay issuing the process before taking cognizance when the […]

PAPER LEAKS ENDANGER THE CAREER OF SINCERE AND HONEST STUDENTS, ACCORDING TO RAJ. HC – The Rajasthan High Court has noted that miscreants’ actions, such as paper leaks and other malpractices, are wreaking havoc on society, endangering the careers of sincere and honourable students, and thoroughly demoralising them. BHAGIRATH VS. STATE OF RAJASTHAN AND ORS

Tenants who acquired possession prior to the enactment of S. 52A of the WAKF Act are not covered by the provision. – According to the Supreme Court, those who were in possession of Wakf land before to the adoption of this clause in 2013 and who are still in possession after the lease’s expiration are

The National Consumer Disputes Redressal Commission (NCDRC), noting that Porsche’s act of misrepresenting the manufacturing year of the car when selling it to the customer amounts to a deficiency in service and an unfair business practise, ordered Porsche to pay the customer compensation in the amount of Rs. 10 Lakh. Praveen Kumar Mittal v. Porsche

Prepare guidelines to prevent the solemnization of child marriages, HC to ARYA SAMAJ APEX Body – While asking the Sarvadeshik Arya Pratinidhi Sabha to reflect and formulate recommendations to prevent solemnising marriages involving children, the Allahabad High Court also offered ideas for the Arya Samaj Apex Body and instructed it to submit the recommendations within

SC: IF CABINET COMMITTEE ACTIONS ARE VALIDATED BY COM, RULES OF BUSINESS NOT VIOLATED BY STATE According to the Supreme Court, when the Cabinet Sub-Committee merely acts on behalf of the entire Council of Ministers (CoM), it cannot be argued that the State Government did not follow the Rules of Business. The Rajasthan Industrial Development

If compensation that was deposited before December 31, 2014, is not paid to the majority, the RFCTLARR Act is applicable. – In cases of land acquisition under the National Highways Act of 1956, where agencies deposited compensation with the Competent Authority prior to December 31, 2014, but same was not paid to majority of land

‘DE FACTO CONTROL’ TEST APPROPRIATE TO ESTABLISH IF COMPANY IS RESIDENT IN INDIA The Supreme Court has ruled that the ‘De Facto Control’ test—where the company has the only right to manage it and control it—is the one that is decisive in determining whether a corporation is a resident of India, despite the fact that

SC: THE 2015 AMENDMENT TO S. 153C OF THE IT ACT WILL BE REVERBAL. – The Supreme Court has ruled that the Finance Act 2015’s change to Section 153C of the Income Tax (IT) Act 1961 shall apply retroactively to searches made under Section 132 of the IT Act before the amendment’s effective date, which

HC: Dharna Cannot Park on Municipality-Owned Spaces Without Official Permission – While noting that although every person has the right to enter shops in buildings controlled by the municipality, open space is only meant for customer parking, the Kerala High Court concluded that no one can assert the right to organise a dharna in such