Latest News
Unconscionable Agreements Between Parties With Unequal Bargaining Power Void: Kerala High Court Reiterates
The Kerala High Court has reiterated that unconscionable, unfair and unreasonable clauses in a contract entered into by parties who do not enjoy equal bargaining power are void.While allowing a petition, Justice P.B. Suresh Kumar observed that a clause in an undertaking enabling the Water Authority in this case to recover the entire amounts disbursed to the contractors towards interest, merely...
Madras High Court Refuses To Entertain Writ Against Indirect Polls To Marakkanam Panchayat Union; Grants Liberty To File Election Petition
The Madras High Court has refused to entertain a writ petition challenging the Marakkanam Panchayat Union indirect elections to the posts of Chairman and Vice Chairman.It has however granted liberty to the petitioner, S. Arjunan, who had contested for the post of Chairman in the Union, to prefer an election petition in this regard."A question of fact cannot be looked into by this court within...
Private Bill To Amend Constitution Preamble : Rajya Sabha Reserves Ruling On Introduction
Can a Private Member's Bill seeking to amend the Preamble to the Constitution be introduced in Parliament without the prior assent of the President? The question came up for the consideration of the Deputy Chairperson of the Rajya Sabha Harivansh Narayan Singh who "reserved" his judgement on the introduction of a Private Member's Bill by BJP MP K.J.Alphons seeking to amend the Preamble to...
Can POCSO Cases Be Quashed On The Basis Of Compromise? Supreme Court Issues Notice In SLP Challenging Kerala HC Judgment
Can POCSO cases can be quashed on the basis of compromise between accused and victim? The Supreme Court issued notice in a special leave petition filed against Kerala High Court judgment in which this issue was raised.The accused in this case was the teacher of the victim. The allegation against him was that he touched her cheeks and kissed on her forehead etc. Following complaint, a crime...
Frivolous Petitions Filed Only To Arm Twist Police Officers Ought Not To Be Entertained: Delhi High Court
The Delhi High Court has observed that the Court has to ensure that frivolous petition filed only for the purpose of arm twisting the police officers ought not to be entertained. "It is the duty of the State to provide protection to every citizen of the country but at the same time this Court has to ensure that frivolous petitions, which are filed only to interfere with the investigation and...
Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
The Supreme Court reiterated that the Section 202(2) CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. The Court observed that the evidence of witnesses on behalf of the complainant shall be permitted on affidavit."If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases...
ITAT Cannot Recall Its Order By Invoking Power U/Sec 254(2) Income Tax Act : Supreme Court
The Supreme Court observed that the Income Tax Appellate Tribunal cannot recall orders passed by it invoking power under Section 254(2) of the Income Tax Act.Section 254(2) power is only to correct and/or rectify the mistake apparent from the record and not beyond that, the bench comprising Justices MR Shah and BV Nagarathna said.In this case, the ITAT allowed the Revenue's appeal and held...
Cross Gender Massage Does Not Amount To 'Sexual Activity': High Court To Delhi Government
The Delhi High Court on Friday told the Delhi Government that a cross-gender massage, merely by itself, does not mean that it amounts to a sexual activity. "Just because it is cross-gender massage, does not mean that it is a sexual activity," orally remarked Justice Rekha Palli who was hearing pleas challenging the guidelines issued by the Delhi Government banning cross gender spa and...
Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court
The Supreme Court of India has held that ex parte enhancement of sentence by the High Court is against the statutory mandate of the law under CrPC that provides for an opportunity to show case before enhancement of sentence in criminal revision.A Bench compromising Justice Sanjiv Khanna and Justice Bela Trivedi set aside Madras High Court's order that enhanced the sentences imposed on...
Allahabad High Court Quashes NSA Detention Order Of 6 CAA-NRC Protestors
The Allahabad High Court recently quashed detention orders passed against 6 persons on account of their alleged participation in the violent demonstration against the N.R.C./C.A.A. that took place on December 16, 2019, in Mau.Essentially, the bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) was dealing with a clutch of Habeas Corpus pleas, wherein directions were sought...
Pay Minimum Wages To Workers During Construction Ban : Supreme Court Directs Delhi, UP & Haryana Govts
The Supreme Court on Friday directed the Delhi NCR States to comply with its order for payment of wages notified under the Minimum Wages Act to workers in wake of ban on construction activities due to the ongoing Pollution crisis in the National Capital. A Bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant had on November 24th re-imposed the ban...