The court laid down certain guidelines which must be followed before a case against an accused can be fully established: (a) circumstances from which conclusion of guilt is drawn must be established fully, (b) there should be consistency… Read more »
The court while ascertaining the scope of Sec 2(33) of the Juvenile Justice Act, 2015 held that the Act does not deal with offences which are ‘heinous’ in nature. It observes that even if a child commits a… Read more »
The Jurisdiction over infringement suits in which the defendant seeks revocation of registration of design vests in High Court under S. 22(4) of the Designs Act, 2000, even when the High Court does not exercise original side jurisdiction.… Read more »
The Supreme Court held that the execution proceedings and original proceedings are separate and independent. An appeal under S. 23 of the Consumer Protection Act will not lie to Supreme Court against an order which has been passed… Read more »
The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that "A writ court may well hold against a public body on a public law principle or… Read more »
The Terrorist Acts defined under Unlawful Assembly Prevention Act only deal with matters impacting "Defence of India" and not under Ordinary laws & Order Problems. The intent and purport of the Parliament in enacting the UAPA, and more… Read more »
The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. Read more »
The direction to take the accused into custody is beyond the jurisdiction of the High Court. Whether an accused is liable to be arrested is based upon the decision of the Investigating Officer depending upon the material collected… Read more »
The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when… Read more »
The classification of Marathas as a socially and educationally backward class was unreasonable as they belonged to a politically dominant caste with significant economic resources. The court also concluded that the majority opinion in the Indra Sawhney case… Read more »
