India's Basic Structure Doctrine Used By Many Global Jurisdictions To Reinforce Constitutional Supremacy : CJI BR Gavai

Chief Justice of India BR Gavai, on Thursday delivered the keynote address at the Fifth “Wisdom for Future” Talk Series hosted by the Jigme Singye Wangchuck School of Law at the Royal Institute of Management Convention Hall, Thimphu, Bhutan. Speaking on the theme “Courts and Constitutional Governance,” Justice Gavai underlined that the basic structure doctrine, one of the cornerstones...

Mumbai Custodial Death Case : Supreme Court Orders To Preserve CCTV Footage & Medical Documents

The Supreme Court recently issued notice to the State of Maharashtra and ordered the preservation of CCTV footage and medical documents in an alleged case of custodial torture of a 19-year-old boy, who died in custody whilst incarcerated at Mumbai Central Prison. The notice on the special leave petition was issued by a bench comprising Justice MM Sundresh and Vipul M Pancholi on October 13....

Gauhati High Court Grants Anticipatory Bail To Man Accused Of Passing Fake Input-Tax Credit Worth ₹199.31 Crores

The Gauhati High Court has granted anticipatory bail to the accused of passing fake ITC worth Rs. 199.31 crores, which was passed to 58 firms across 11 States using fabricated invoices totalling Rs. 658.88 Crores. Justice Kardak Ete was dealing with the case where the accused persons, led by Ashutosh Kumar Jha, had created a fictitious firm, M/s Siddhi Vinayak Trade Merchants,...

Supreme Court Summons Haryana Authority Over Cutting Trees For Access To BJP's Karnal Office; Orders Status Quo

The Supreme Court recently issued notice to the State of Haryana and ordered status quo in regard to the development that has taken place in Sector 9-Karnal, where authorities are allegedly trying to carve out the road from the green belt adjoining the GT Road to give access to the Bharatiya Janata Party to its newly built office in the residential area, by cutting more than 40 trees. A...

Executive Magistrates Cannot Invoke S.130 BNSS In Purely Private Disputes: Kerala High Court

The Kerala High Court has held that Executive Magistrates cannot invoke Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in matters arising from purely private disputes, such as allegations of cheating or breach of trust, unless there is a demonstrable threat to public peace or tranquillity.Justice V G Arun delivered the judgment in a petition filed challenging the order and...

Delhi High Court Bars Lawyer From Appearing Online, Says Switching Off Video Citing Parallel Hearing Against VC Rules

The Delhi High Court has barred a woman lawyer from appearing before it through video conferencing, noting that she switched off her camera and muted herself citing parallel ongoing hearing which is against the VC Rules. Justice Tejas Karia passed the order and barred the lawyer from appearing before his court through VC henceforth. “….learned Counsel for Defendant Nos. 1 and 2,...

Filing Certified Copy Of Arbitration Agreement Not Mandatory When Undisputed Agreement Is Already On Record: Gujarat High Court

The Gujarat High Court held that an application under section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be rejected merely on the ground that a certified copy of the agreement was not produced along with it when the same agreement containing the arbitration clause is already on the record and undisputed between the parties. Justice Maulik J. Shelat...

Right To Worship At Temple Cannot Be Curtailed; State Must Balance Faith And Public Order: HP High Court

The Himachal Pradesh High Court has held that prohibiting entire communities from worshipping at their deity's temple violates their constitutional right to freedom of religion under Articles 25 and 26.The Court stated that such rights can only be restricted on grounds of public order, morality, or health, and that too through reasonable and proportionate measures.The Court remarked...

Collegium Mechanism Serves To Substantially Preserve Judiciary's Autonomy : Justice Surya Kant

During his visit to Sri Lanka, Justice Surya Kant, Judge of the Supreme Court, on Thursday said that India presents a compelling illustration of the substantive application of the doctrine of Separation of Powers, citing the judiciary's control over appointments to the Supreme Court and High Courts as an illustrious example.Delivering a lecture titled “The Living Constitution: How the...

'School Teacher Can Enforce Discipline, Correct Pupil': Kerala High Court Quashes Case Against Teacher For Caning Student

In a recent judgment, the Kerala High Court quashed the criminal proceedings initiated against a school teacher for beating his students with a cane.Justice C. Pratheep Kumar referred to various precedents, which discussed the extent of corporal punishment that can be inflicted on a child by a teacher. It was observed: “From the above decisions it is clear that the school teacher, in view...

Probation Completion Doesn't Entitle Automatic Confirmation; Work & Conduct Report Can Decide Suitability If ACR Not Available: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that confirmation and promotion cannot be claimed retrospectively and deferment based on adverse Work and Conduct Report does not amount to discrimination. Background Facts The High Court of Chhattisgarh published an advertisement to fill the post of...

Madras High Court Notes Centre's SOP To Curtail Dissemination Of Non-Consensual Intimate Images, Closes Woman Lawyer's Plea

The Madras High Court, on Wednesday, closed a plea filed by a young woman lawyer to take down her intimate photos and videos that her former partner had posted without her consent. Justice M Dhandapani took note of the Standard Operating Procedure that was submitted by the Ministry of Electronics and Information Technology for curtailing the dissemination of Non-Consensual...