Service Charge Is Voluntary Payment By Consumers, Can't Be Made Mandatory On Food Bills: Delhi High Court

The Delhi High Court on Friday held that service charge and tips are voluntary payments by consumers and cannot be made compulsory or mandatory on food bills by restaurants or hotels.Justice Prathiba M Singh thus rejected two petitions filed by Federation of Hotels and Restaurant Associations of India (FHRAI) and National Restaurant Association of India (NRAI), challenging CCPA guidelines of...

Uncomfortable Questions Posed During Judicial Proceedings Can't Be Regarded As Humiliation : Supreme Court

The Supreme Court observed that statements made in court, and even uncomfortable questions posed to parties, cannot be considered public humiliation, as these actions are necessary for the court to fulfill its duty of ascertaining the truth. “During court proceedings, many statements are made and questions are posed which may make a person uncomfortable, but all such...

Supreme Court Calls Madras High Court's Rehearing Of Previously Allowed Quashing Petition “Absolutely Wrong”

The Supreme Court on Monday (September 30) said that the Madras High Court's decision to rehear a quashing petition despite having previously quashed the case was “absolutely wrong”.“What is this practice? Now what is to be done? This is something which is completely wrong”, Justice Abhay Oka said.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the plea...

Improper For SC To Grant Interim Relief In Normal Course When Party Is Relegated To High Court : Supreme Court

When the Supreme Court refuses to entertain a matter and asks the party to approach the High Court, it would be improper in the normal course to grant interim relief to such party, observed the Supreme Court recently.The Court made this observation while recalling an order which granted interim protection from coercive action to a party who was relegated to the High Court. The interim...

Hard To Accept Cops Couldn't Overpower Accused, "Shoot-Out" Could Be Avoided: Bombay HC While Hearing Badlapur 'Fake Encounter' Case

While hearing a plea by father of the Badlapur school sexual assault accused who died in an alleged "fake encounter" on Monday, the Bombay High Court orally said it is difficult to accept that the accused– who was not a "strong man", couldn't be overpowered by the police officials who were with him.A division bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan was hearing...

Supreme Court Criminal Digest -May 2024

BailIn the matters relating to liberty of a citizen every single day counts. Keeping the matter for regular bail pending for a period of almost 11 months deprives the petitioner of his valuable right of liberty. Amandeep Singh Dhall v. Central Bureau of Investigation, 2024 LiveLaw (SC) 399Code of Criminal Procedure, 1973 Appeal against conviction – Held, Conviction is confirmed. The...

Can't Expect Junior Lawyers To Work Without Pay: Madras High Court Directs Bar Association To Pay Monthly Stipend Of ₹15K-20K

The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to issue circulars to all bar associations asking them to pay a minimum stipend of Rs 15,000 to Rs.20,000 to all junior lawyers practicing in the state. In the order uploaded on Thursday however, the court has modified this direction and asked the lawyers to pay monthly stipends to junior lawyers engaged...

'Indirectly Canvassing Votes': TN Congress Committee Moves Madras HC Urging ECI To Take Action Against PM Modi's Meditation At Vivekananda Rock

Tamil Nadu Congress Committee has approached the Madras High Court seeking directions to the Election Commission of India to take necessary steps to prevent alleged misuse of position by Prime Minister Narendra Modi during his meditation at the Vivekananda Rock in Kanyakumari from May 30 to June 1st, 2024. PM Modi is holding a 45-hour-long Dyan (meditation) at the Vivekananda Rock...

Plea In Delhi High Court Seeks Registration Of FIRs Against PM Narendra Modi, Other Candidates Over Alleged 'Hate Speeches'

A petition has been filed in the Delhi High Court seeking immediate action against Prime Minister Narendra Modi and other candidates for delivering allegedly “communally divisive speeches” in violation of the Model Code of Conduct amid the Lok Sabha polls. The plea refers to the Prime Minister's speech delivered in Banswara, Rajasthan on April 21.The matter was heard today by Justice...

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]

Prevention of Dangerous Activities Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual...

Medical Board Must Report Physical & Mental Health Of Pregnant Person Even If Pregnancy Is Above 24-Weeks & There Are No Foetal Abnormalities: Supreme Court

In an important judgment, the Supreme Court observed that when a medical board formed in terms of the Medical Termination of Pregnancy (MTP) Act 1971 examines a pregnant person with a gestational age above twenty-four weeks, it must opine about the physical and mental health of the person, even if there are no substantial foetal abnormalities.The bench comprising Chief Justice of India...

Conspiracy Against Prime Minister Is Treason, Can't Accuse Someone Of It Irresponsibly: Delhi High Court Observes Orally

The Delhi High Court on Wednesday remarked that hatching conspiracy against the Prime Minister tantamount to treason and prima facie, the allegations of conspiracy against the Prime Minister cannot be made against any person irresponsibly.“The allegations of conspiracy against the Prime Minister cannot be made irresponsibly and needs to be based on cogent and substantial reasons,”...