IPC Provisions On Use Of False Weights & Measures Do Not Apply To Offences Punishable Under Legal Metrology Act: Allahabad High Court

The Allahabad High Court has held that an accused cannot be prosecuted under Sections 265 (Fraudulent use of false weight and measure) and 266 (being in possession of false weight and measure) of Indian Penal Code for offences covered by the Legal Metrology Act, 2009.Referring to Section 51 of the Legal Metrology Act and the judgment of the Apex Court in State of Uttar Pradesh v. Aman...

Are Private Doctors Who Worked During Pandemic & Died Of COVID Eligible Under PM Insurance Scheme? Supreme Court Reserves Judgment

The Supreme Court on Tuesday reserved its judgment in a plea concerning the Central Government's insurance coverage scheme "Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19", for doctors who lost their lives due to COVID-19 during the pandemic. The matter was heard by a Bench comprising Justice PS Narasimha and Justice R Mahadevan, which made...

Allahabad High Court Orders Action Against Officials Over Delay In Minor Rape Survivor's Compensation; Directs ₹2 Lakh Additional Relief

The Allahabad High Court on Monday slammed the state officials for their 'reprehensible inaction' and 'laissez-faire attitude' in denying compensation to a minor rape victim, compelling her to approach the Court for relief. A Bench of Justice Shekhar B Saraf and Justice Prashant Kumar observed that the very purpose of the State's compensation scheme [Uttar Pradesh Rani Lakshmi...

Customs Authorities Lack Jurisdiction To Issue Directions Under GST Law: Madras High Court

The Madras High Court recently held that Customs authorities have no jurisdiction to issue directions under the Goods and Services Tax (GST) law. The Court struck down a February 2021 public notice issued by the Chennai Customs that sought to regulate the GST treatment on auctioned cargo.A single bench of Justice N Anand Venkatesh ruled that such powers lie exclusively with authorities...

Entire RTE Act Applicable To Private Unaided Schools, Affiliating Board's Guidelines Can't Be Given Precedence: Allahabad High Court

The Allahabad High Court has held that all provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable to private unaided schools and the guidelines of affiliating Board including those pertaining to attendance, are not above the Act.Referring to the judgment of the Supreme Court in Society for Unaided Private Schools of Rajasthan vs. Union of India and...

SIR in Tamil Nadu| Cruelty in same-sex relations| Actor Mohanlal| WhatsApp & COVID

The Supreme Court is set to rule on whether Multi-State Co-operative Societies can submit resolution plans under the IBC, resolving a major conflict of laws. The Delhi High Court addressed two critical issues: stating that Section 498A IPC's applicability to same-sex couples needs deliberation, and ruling that the SC/ST Act cannot be used to block bank debt recovery under the SARFAESI...

Supreme Court Explains Tests To Determine Urgency To Exempt Pre-Litigation Mediation In Commercial Suits

The Supreme Court held that when deciding a commercial suit involving a request for urgent interim relief in intellectual property infringement cases, the plaintiff's perspective must be duly considered, and courts may dispense with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015 (“Act”). “The court is not concerned with the...

Criminal Prosecution Can't Continue After Exoneration In Departmental And Vigilance Inquiry: Delhi High Court

The Delhi High Court has held that criminal prosecution cannot continue when the departmental proceedings as well as the Vigilance inquiry have found no merit in the allegations against an individual.Justice Neena Bansal Krishna allowed the petitions filed by one Gurbachan Singh Matta challenging an FIR registered by the CBI (Bank Securities & Fraud Cell) and framing of corruption...

Legal Heirs Have Right To Seek Impleadment In Pending Appeals Under FEMA: Delhi High Court

The Delhi High Court has observed that legal heirs have right to seek Impleadment after the appellant's death in pending appeals under the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999. “…the right to seek impleadment of legal heirs in such circumstances is not one that arises dehors the statute; rather, it is one that is expressly recognised...

Trial Court's Difficulty To Form Opinion Doesn't Justify Denial Of Bail, Cannot Abdicate Duty U/S 43-D(5) UAPA: J&K&L High Court

Reaffirming the judicial responsibility under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the Jammu and Kashmir and Ladakh High Court has held that the trial court's observation that it was “difficult to frame an opinion at this stage” could not serve as a ground to deny bail.The Bench comprising Justices Sanjeev Kumar and Sanjay Parihar, observed that such a stance amounts...

Preparing Defence Strategy & Gathering Evidence Valid Grounds For Bail : Allahabad High Court Clarifies 'Stage' & 'Parameters'

In a significant verdict, the Allahabad High Court recently held that conceptualizing defence strategy, gathering and adducing defence evidence and effectively conducting the defence case can constitute valid grounds for granting bail, but only at an appropriate stage of the trial. A bench of Justice Ajay Bhanot, while deciding a batch of 18 (second) bail applications, ruled that...

Legal Researcher Vacancy At Indian Institute Of Management, Ahmedabad

Indian Institute of Management, Ahmedabad invites application for the post of Legal Researcher to work on academic and application-oriented projects, broadly covering: - Company, Insolvency; Banking, Securities law etc. - Indian Contract Law - Legal and Judicial Reforms.Name of the Post: Legal Researcher Essential Qualification and Experience • The ideal candidate will be a law graduate with 0-2 years of professional qualification experience seeking a position in a high-quality,...