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Supreme Court Annual Digest 2024: Subject-Wise Index
Subject-wise Index - AdministrationIn public law proceedings, when it is realised that the prayer in the writ petition is unattainable due to passage of time, constitutional courts may not dismiss the writ proceedings on the ground of their perceived futility. In the life of litigation, passage of time can stand both as an ally and adversary. Our duty is to transcend the constraints of time...
If The Mindset To Stifle Right To Protest Gets Traction, It Would Be A Sad Day For Democracy: Bombay High Court
In a significant order, the Goa bench of the Bombay High Court has said that the mindset to 'dilute' or 'stifle' the the fundamental right to protest of citizens, if gains traction, it would one of the saddest days of democracy.A division bench of Chief Justice Alok Aradhe and Mahesh Sonak said the State must not launch prosecution only to stifle agitations, which are a part of the...
Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court
The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges (Salaries and Conditions of Services) Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation.A division bench of Chief Justice Alok Aradhe and Justice Bharati...
NCDRC Asks Surgeon & Hospital To Pay Rs 75 Lakh Compensation To Patient Who Lost Leg Due To Medical Negligence
The National Consumer Disputes Redressal Commission recently directed a surgeon and a hospital to jointly and severally pay a compensation of Rs 75 lakhs to a patient who lost her right leg due to negligence in surgery.The complaint was filed against Dr. Anirban Chatterjee and Nightingale Diagnostic & Medicare Centre Private Limited, Kolkata.The surgery was carried out in the year 2015,...
Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees
The Supreme Court recently acquitted two government employees accused of demanding and accepting bribe after noting that the prosecution failed to prove the factum of demand and acceptance of bribe. The Court reiterated that a presumption under Section 20 of the Prevention of Corruption Act, 1988 (“PC Act”) would not arise against the accused unless the factum of demand and acceptance...
High Court Slams ASI Over 'No Response' On Whitewashing Denial At Sambhal's Jama Mosque, Refers To It As 'Alleged Masjid'
Directing the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Jama Masjid within a week, the Allahabad High Court on Wednesday criticised ASI for its inadequate response in denying the whitewashing of the mosque exterior part. “This Court finds that no suitable reply has been given by the ASI for denying to proceed for whitewashing of exterior part...
Bombay High Court Grants Pensionary Benefits To Former Additional Judge Who Resigned Due To Non-Extension Of Tenure
The Bombay High Court has allowed the petition filed by a former Additional Judge of the High Court, Pushpa Ganediwala, seeking pensionary benefits as applicable to a high court judge, after she tendered her resignation.In 2021, Ganediwala authored the infamous 'skin-to-skin' judgment which attracted widespread criticism for taking the proposition that direct skin-to-skin contact was...
'Politically Motivated Protest Under Banner Of Institute': Bombay HC Upholds Suspension Of TISS PhD Student Accused Of 'Anti-National' Activities
The Bombay High Court has upheld the suspension of a Tata Institute of Social Sciences (TISS) PhD student, Ramadas KS, who was debarred from the institute for 2 years for participating in a protest against the BJP government and implementation of National Education Policy (NEP) under the banner of PSF – TISS.A division bench of Justice A.S. Chandurkar and Justice M.M. Sathaye observed that...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
Supreme Court:S.156(3) CrPC v S.175(3) BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme CourtCase Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS.Citation : 2025 LiveLaw (SC) 139The Supreme Court recently criticized the routine use of Section 156(3) Cr.P.C. to order police investigations, even in simple...
“Legal Practice Is '5 Star Social Work'”: Justice Abhay Oka Urges Young Lawyers To Take Up Pro Bono Cases
Justice Abhay Oka of the Supreme Court on Wednesday emphasized the importance of pro bono work and legal aid, urging young members of the bar to take up such cases, Justice Oka describing legal practice as “5 Star social work”.“And lastly my appeal to all young members of the bar is to work pro bono in legal aid cases. It is very important that all of you take up the legal cases. I...
'Intolerance Of Orthodoxy A Bane Of Indian Society': Bombay HC Quotes AG Noorani, Quashes Case Against Kailash Kher For Hurting Religious Feelings In Song
Observing that 'intolerance and dissent' from the orthodoxy have been a 'bane' of the Indian society for centuries, the Bombay High Court on Wednesday quashed the criminal case initiated against Bollywood singer Kailash Kher, who was accused of hurting the religious sentiments of the Hindu community in his popular song 'Babam Bam' - a track on Lord Shiva.A division bench of Justices...
Bombay High Court Asks DGP To Consider Man's Complaint About Cop & Women Lawyers Running 'False Rape Cases' Racket
Observing that even genuine cases of rape get affected because of 'false rape cases', the Bombay High Court on Wednesday ordered the Director General of Police (DGP), Maharashtra to consider the representation of a Navi Mumbai-based man, who has sought an enquiry against a police officer, who has been 'instrumental' in lodging false rape cases against 'innocent men' at the behest of...