Legal Updates as on 07.03.2023

Legal Update
  1. In an electrocution case, JKL HC INVOKES ABSOLUTE LIABILITY AND AWARDS COMPENSATION TO THE DECEASED’S MOTHER. – Invoking Absolute Liability to award compensation to the mother of a 13-year-old who died from electrocution, the Jammu & Kashmir & Ladakh High Court noted that due to the risky nature of the business, liability is imposed on defaulters even when reasonable and sufficient precautions have been taken.
    Radha Sharma Vs State of J&K & Ors
  1. BOMBAY HC: PRE-MATURE BABY IS INCLUDED IN NEWBORN BABY – The Bombay High Court ordered the insurer to pay Rs. 11 lakh plus interest for the mother’s medical expenses incurred following the birth of her pre-mature twins, while noting that a newborn baby would include a pre-mature baby and insurer would be liable to pay for all expenses related to infant’s care.
    Rita Kirit Joshi v. New India Assurance
  1. UPLOAD ORDERS IN AN EXPEDITIOUS MANNER FROM DELHI HC TO NCLT. – The National Company Law Tribunal (NCLT) has been instructed to upload its orders as soon as possible and without delay by the Delhi High Court, which took into account the nature of the rulings made by the tribunal, particularly those that proclaimed a moratorium and appointed IRPs.
  1. HCS’ MUST MAINTAIN A “HANDS OFF” ATTITUDE DURING THE INVESTIGATION STAGE IN CASES OF CORRUPTION – The Supreme Court has noted that, even while some features of the ruling dispensation’s strong-arm methods may be apparent, it would be preferable if high courts maintained a hands-off posture and did not dismiss a FIR pertaining to corruption charges, particularly at the stage of investigation.
    The State Of Chattisgarh & Anr Vs Aman Kumar Singh & Ors.
  1. KERALA HC: State cannot avoid responsibility under the guise of a time limit. – The Kerala High Court has held that the state cannot avoid its obligation to make up for unpaid debts by claiming the doctrine of limitation. The court noted that when the government engages a citizen to perform tasks, it has a duty to compensate that person in accordance with the terms of the contract even without asking.
    Vishnu and Others V State of Kerala and Others
  1. DENYING ADMISSION UNDER EWS/DG CATEGORY DESPITE DOE ALLOTMENT VIOLATES ARTICLE 21A, SAYS DELHI HC – The Delhi High Court has ruled that denying admission to students in the EWS/DG category by a school even after the Directorate of Education (DOE) has assigned them a school defeats the purpose of the RTE Act, 2009, and also infringes upon the fundamental rights of children protected by Article 21-A of the Constitution.
  1. HC TO STATE: WRITE SOP FOR SDMS ON HOW TO APPLY ORDER ON RECOVERY & EVICTION – The Delhi High Court ordered the state to create a SOP for all SDMs on how to implement judicial orders of eviction and recovery after finding that numerous orders for enforcement of possession and recovery that are to be carried out by the concerned SDM are not handled promptly.
  1. CESTAT: SERVICES OF ADVERTISEMENTS IN PRINT MEDIA ARE NOT SUBJECT TO A SERVICE TAX – The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the service of placing advertisements in print medium is exempt from service tax.
    M/s Kusum Healthcare Pvt. Ltd. Versus Commissioner of Central Excise & Service Tax
  1. HC: APPLICATION U/S 12 DV ACT NOT A COMPLAINT – While noting that an application under Section 12 of the Domestic Violence Act is not a complaint, the Meghalaya High Court has ruled that neither the parties nor the Magistrate may pursue the method and proceedings outlined under Section 200-204 CrPC.
    Shri Abhishek Agarwala & Anr. Vs. Smti Komal Poddar
  1. HC: SUCCESSIVE CASE REGISTRATION DOES NOT AUTOMATICALLY SUSPEND BAIL IN PRIOR CASE – The Kerala High Court has concluded that the mere registration of a subsequent offence against the accused by itself cannot result in an automatic cancellation of bail. Instead, convincing grounds must exist in order to terminate the bail; it cannot simply be asked to be cancelled.
    Renjith v. State of Kerala
  1. HP HC: CAN’T REFUSE VETERINARIANS PAY PARITY WITH MEDICOS JUST BECAUSE THEY WORK WITH ANIMALS – According to the Himachal Pradesh High Court, the state cannot prevent veterinary officers from receiving a four-tier pay scale on the grounds that they work with animals whereas doctors employed by the department of health and family welfare work with people.
    Pankaj Kumar Lakhanpal & ors Vs State of HP & Ors.
  1. NEET IS UPHOLDED BY KARNATAKA HC FOR UG HOMEOPATHY COURSES – The National Commission for Homeopathy Act of 2020, which calls for a uniform national eligibility examination (NEET) for admission to undergraduate homoeopathic programmes in all institutions controlled by the Act, has been upheld by the Karnataka High Court as constitutionally legitimate.
    Karnataka State Private Homoeopathic Medical College Managements Association And Union of India & oThers
  1. MADRAS HC PUBLISHES GUIDELINES FOR LIFETIME EXTENSION IN CRIMINAL CASES – While handling a FIR involving allegations of sexual harassment, the Madras High Court criticised the prosecution for failing to request an extension of time and established some rules for extensions in these situations.
    Shiva Sankar Baba v. State and another
  1. MADRAS HC: LEGAL PROFESSIONAL CANNOT BE REDUCED TO CONTRACT WORKER – The Madras High Court noted that such an order gives the impression that the Government has reduced a legal expert committed to the nuances of law to a contract worker while criticising the State for its orders determining the ceiling limit of fees payable to advocates appearing on behalf of Government.
    V Ayyadurai v. The State of Tamil Nadu and others
  1. SC: CAN’T DISCHARGE ACCUSED MERELY FOR COMPLAINTANT’S NON-APPEARANCE WHO HAS BEEN EXAMINED – The Supreme Court has ruled that in situations when the complainant has previously been questioned, it is inappropriate to exonerate the accused based solely on the complainant’s absence.
    BLS Infrastructure Limited vs Rajwant Singh
  1. SC: MERE BREACH OF CONTRACT NOT REASON TO FILE CHEATING CRIMINAL CASE – The Supreme Court has ruled that merely alleging that a promise was broken will not be sufficient to start criminal proceedings, while also noting that criminal courts are not intended to be used for settling grudges or pressuring parties to settle civil problems.
    Sarabjit Kaur vs State of Punjab
  1. SC REVERSES DEATH SENTENCE FOR RAPE-MURDER CONVICTED WHO WAS FOUND TO BE JUVENILE – The Supreme Court has overturned a death sentence given to a man who was proved to have been a minor when the crime of rape and murder against a little girl was committed. The appellant is deemed to be under the age of 16, so the court noted that the most that might be sentenced is up to three years.
    Karan @ Fatiya vs State of Madhya Pradesh
  1. SC: Playgrounds must be present in schools. – While condemning a decision made by the Punjab and Haryana High Court that allowed encroachments close to schools to become routine, the Supreme Court noted that schools cannot exist without playgrounds and ordered the clearance of encroachments from a Haryana school’s playground area.
    State of Haryana vs Satpal and others
  1. RES JUDICATA NOT ATTRACTED IF PRIOR ORDER OF FOREIGNERS TRIBUNAL IS UNREASONABLE, GAU. HC – The principle of res judicata will not apply to a subsequent Foreigners Tribunal action to assess whether or not a person is a foreigner if the Tribunal’s prior ruling did not specify a reason why the individual is not a foreigner, according to the Gauhati High Court.
    Rafikul Islam v. The Union of India & 5 Ors.
  1. HP HC: REVENUE OFFICER MAY CONVERT TO CIVIL COURT TO DETERMINE PLEDGE OF POSSESSION AT DISCRETION – The Himachal Pradesh High Court stated that while the revenue officer has discretion when deciding the claim of adverse possession, either to convert itself into a Civil Court or to decide it otherwise, the power so imparted is judicial discretion and cannot be used arbitrarily.
    Sh. Amin Chand Vs State of Himachal Pradesh.
  1. JKL HC: CREATING A SPECIAL AUTHORITY IS NOT A CAUSE FOR DELAY – The Jammu and Kashmir and Ladakh High Court has noted that the establishment of an Authority under special legislation cannot be used as justification for tolerating a delay. Instead, the applicant must provide justification for the delay, not the Authority or the Court, in order to establish a case for tolerating a delay.
    Union Of India Vs Assistant Labour Commissioner & Ors.
  1. The SC expands the committee’s authority to oversee the transfer and import of wild animals into India. – With the modification that the Chief Wild Life Warden of the State to which the issue relates will be the co-opted as Members of the Committee, the Supreme Court has expanded the jurisdiction and scope of the HighPowered Committee to oversee the transfer and import of wild animals in India as established by the High Court of Tripura.
    Muruly MS v State of Karnataka SLP (C) No. 12246 of 2022

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates