CBI Was Sufficiently Empowered To Investigate Cases In Erstwhile State of J&K In Terms Of General Consent: J&K&L High Court

The High Court of J&K and Ladakh on Thursday ruled that Central Bureau of Investigation (CBI) enjoyed the requisite jurisdiction to investigate offences committed within the territorial jurisdiction of erstwhile State of J&K in terms of the general consent given on May 7, 1958 and December 8, 1963 by the government. The pronouncement came from a bench of Justice...

VRS Employees Cannot Claim Parity With Others Who Retired On Achieving Age Of Superannuation: Supreme Court

The Supreme Court has held that employees who retired under the Voluntary Retirement Scheme (VRS) cannot claim parity with others who retired upon achieving the age of superannuation for the purposes of pay revision. Factual Matrix leading to the Civil AppealWhat was up for challenge before the bench of Justices Aniruddha Bose and S. Ravindra Bhat in this civil appeal was a decision of...

Supreme Court Annual Digest 2022 - Criminal Major Acts

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that...

Bombay High Court Refuses To Direct State To Provide Compensation To All Snakebite Victims In Maharashtra, Says It Is For Govt To Consider

The Bombay High Court has refused to direct the state government to provide financial aid to all snake and scorpion bite victims in the state. observing that it is a policy decision, and such direction would encroach on the State Government’s jurisdiction.A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne, while disposing of a PIL, said:“It is for...

Amicus Report Reveals Large Number Of Vacancies & Shortage In Infrastructure In District Judiciary Despite SC Intervention

Amid increasing concerns about the perennial problem of pendency afflicting the Indian judicial architecture, the Supreme Court was informed that despite its many efforts to populate the ranks in the subordinate judiciary in a prompt and timely manner, there exists a large number of vacancies as well as a shortage of infrastructure. A three-judge bench of Chief Justice D.Y. Chandrachud,...

Budgetary Support Under GST Regime Can’t Be Denied To An Eligible Unit: Delhi High Court

The Delhi High Court has directed the revenue authorities to grant budgetary support to a manufacturing unit under the “Scheme of Budgetary Support under Goods and Services Tax (GST) Regime”, available to ‘eligible units’ located in specified States. The Court took note that the petitioner was eligible for exemption from Central Excise Duty prior to 01.07.2017, i.e., before...

Can’t Demand Degree Of AICTE-Approved Institute From A Candidate Who Graduated In Requisite Subject From Statutory University: Rajasthan High Court

The Rajasthan High Court, Jaipur Bench, has said that a candidate, who possesses the requisite qualifications for holding the post of Assistant Loco Pilot, cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the All India Council for Technical Education (AICTE).The division bench of Chief Justice Pankaj Mithal and Justice...

Taj Trapezium Matter : Supreme Court Allows More Flights To Agra, Removes Restriction On Increasing Air Traffic

The Supreme Court has removed the restriction imposed on increasing air traffic in the Agra area. In December 2019, while granting permission to the Airport Authority of India to construct an additional terminal at the Agra airport, the Supreme Court had imposed a restriction that the air traffic should not be increased. The restriction was imposed to preserve the Taj Mahal monument. In...

Right to Die: Supreme Court Makes It Easier For Persons To Opt For Passive Euthanasia; Simplifies 2018 Guidelines On Living Will/Advance Directive

The Supreme Court has modified the slew of directions relating to advance medical directives, or living wills issued in a 2018 judgement that had recognised the right to die with dignity as an inextricable facet of the right to live with dignity under Article 21 of the Constitution, and had, accordingly, upheld the legal validity of passive euthanasia. The modification order was passed by...

Delhi High Court Upholds Use Of Rule Of Contra Proferentem By Arbitrator While Interpreting Contract

The Delhi High Court has ruled that, if the arbitrator uses a contract executed between the parties to determine a dispute, the clauses of the contract should, in principle, be construed contra proferentem, i.e., the clauses should be interpreted against the party that drafted it. The bench of Justice Chandra Dhari Singh remarked that the rule of contra proferentem can be regarded as...

KHCAA President Saiby Jose Kidangoor Moves Kerala HC For Quashing FIR Against Him On Bribery Allegations

The Kerala High Court Advocates Association President, Advocate Saiby Jose Kidangoor, who is facing allegations of having taken money from clients in the name of bribing judges, has approached the Kerala High Court seeking to quash the FIR that had been registered against him, and to stay all further proceedings. The Ernakulam Central Police Station had registered the FIR against Advocate...

Secular State Has To Prevent Hate Speech At Any Cost : Supreme Court

Emphasizing that India is a “secular state” and hate-speech cannot be allowed, the Supreme Court on Friday directed that the meeting proposed by 'Sakal Hindu Samaj' in Mumbai on February 5 should be videographed by the police and that the contents should be reported to the Court.The Court also directed that the police should act as per the mandate of Section 151 CrPC, if arrests are...