Thursday, July 31, 2025

POCSO FIR cannot be quashed on basis of compromise: P& H High Court

Source: Times of India

Punjab and Haryana HC has ruled that an FIR under Pocso Act could not be quashed on a 'compromise', even if the accused married the survivor and they had children. To read more please go to the following link:
https://timesofindia.indiatimes.com/city/chandigarh/pocso-fir-cant-be-quashed-based-on-compromise/articleshow/123029962.cms

SC to handle questions over the age cap in Surrogacy law

Source: Indian Express

The Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, prescribe the legal framework for surrogacy. The Supreme Court this week reserved its verdict in a clutch of petitions challenging the age cap for couples seeking to have a child through surrogacy, especially those couples who had started the process before the current law on this matter was enacted by Parliament. To read more please go to the following link:

https://indianexpress.com/article/explained/explained-law/before-the-supreme-court-questions-over-the-age-cap-in-surrogacy-law-10162551/

Wednesday, July 30, 2025

SC questions restrictions under Surrogacy law

Source: Times of India

Questioning the restrictions under surrogacy laws, including age limit on intended parents and surrogate mothers, Supreme Court on Tuesday said laws shouldn't frustrate the wish of childless couples, widows and divorcees to become parents through surrogacy. Instead, the laws should frustrate commercial surrogacy. To read more please go to the following link:

https://timesofindia.indiatimes.com/india/sc-questions-age-restriction-for-surrogacy/articleshow/122985706.cms


Probe agencies cannot question lawyers' professional work

Source: Times of India

In the process of framing guidelines to bar probe agencies from summoning lawyers for rendering opinion to clients, the Supreme Court on Tuesday said the privilege of immunity from prosecution is available to a lawyer as long as he or she acts as a legal practitioner for a client.

To read more please go to the following link:

https://timesofindia.indiatimes.com/india/probe-agencies-cant-question-lawyers-professional-work-sc/articleshow/122986131.cms

Thursday, July 3, 2025

Principal scolding student is not abetment to suicide: Kolkata High Court

Source: Times of India

Mere scolding of a student cannot fall within the definition of abetment of suicide as it is a teacher's duty to do so, Calcutta High Court's Jalpaiguri Circuit Bench recently held while quashing criminal proceedings against the headmistress of a Jalpaiguri school in a 2022 case where a Class 8 child died by suicide. To read more please go to the following link:

https://timesofindia.indiatimes.com/city/kolkata/principal-scolding-student-is-not-suicide-abetment-calcutta-hc/articleshow/122213097.cms

Monday, June 23, 2025

Supreme Court slams GST defaulters' tactic to duck security amount for bail

Source: Times of India

Supreme Court on Monday criticized a strategy of GST defaulters who undertake before high courts to deposit a substantial sum as security to get bail and then attempt to escape the commitment by moving the apex court on the ground that the onerous bail conditions were contrary to SC's consistent rulings. To read more please go to the following link: 

https://timesofindia.indiatimes.com/india/sc-slams-gst-defaulters-bail-security-tactic-asks-madras-hc-to-consider-bail-plea-on-merit/articleshow/122036295.cms


Thursday, June 19, 2025

Privacy is a fundamental right but is subject to reasonable curbs: MP High Court

Source: Times of India

In a ruling that could shape how digital evidence is treated in matrimonial disputes, Madhya Pradesh HC has upheld the admissibility of WhatsApp chats, even if obtained without consent. To read more please go to the following link:
https://timesofindia.indiatimes.com/india/privacy-is-a-fundamental-right-but-is-subject-to-reasonable-curbs-high-court/articleshow/121961224.cms

Wednesday, June 4, 2025

Medical reimbursement is a fundamental right as affirmed by the P&H High Court

Source: Hindustan Times

Punjab and Haryana high court has held that the right to life includes the right to medical facilities and the denial of medical reimbursement violates Article 21 of the Constitution. The HC bench of justice Deepinder Singh Nalwa directed for the release of the reimbursement amount, observing that if the respondents have misplaced the medical bills, there is no fault of the petitioner. To read more please go to the following link:

https://www.hindustantimes.com/cities/chandigarh-news/hc-orders-release-of-decade-old-medical-bills-of-prtc-staffer-101749062471713.html

Wednesday, May 14, 2025

Ghost litigant, mystery lawyers and fake deal take SC for a ride

Source: Times of India

Supreme Court has ordered an inquiry after a litigant managed to get a favourable order by propping a "ghost" opponent who told the Court he had compromised with the petitioner in a land dispute case, which became the basis for SC for quashing orders passed by a Muzaffarpur trial court and Patna High Court against the litigant in the matter. To read more please go to the following link:

http://timesofindia.indiatimes.com/articleshow/121147165.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Reducing pendency need of the hour: CJI-designate Gavai

Source: Times of India

Reducing pendency at every level of the three-tier justice delivery system through a long-term strategy is the need of the hour said the CJI-Designate Gavai before taking charge. To read more please go to the following link:

https://timesofindia.indiatimes.com/india/will-always-strive-for-social-political-justice-cji-designate-gavai/articleshow/121147251.cms

Toothache that wasn’t: How a dentist spotted a heart attack

Source: Times of India

A dentist recounts a case where a patient's jaw pain, initially mistaken for a toothache, turned out to be a symptom of an impending heart attack. Recognizing the signs of referred pain and acting swiftly, the dentist urged the patient to seek immediate cardiac evaluation. This timely intervention proved life-saving, highlighting the importance of considering systemic causes for dental complaints.

To read more please go to the following link:

https://timesofindia.indiatimes.com/life-style/health-fitness/health-news/toothache-that-wasnt-how-a-dentist-spotted-a-heart-attack/articleshow/121144260.cms

Sunday, May 4, 2025

Supreme Court: We are duty-bound to order performance audit of laws

Source: MSN

The Supreme Court has said that in the Indian legislative system, where most bills are introduced by govt and very few private members' bills are presented and debated in Parliament, it becomes the apex court's duty to direct performance audit and assessment of impact of legislations. While upholding constitutional validity of provisions of the Consumer Protection Act (CPA) relating to pecuniary jurisdiction of district, state and national consumer foras, a bench of Justices P S Narasimha and Manoj Misra asked the Central Consumer Protection Council (CCPC) and the Central Consumer Protection Authority (CCPA) to "survey review and advise the govt about measures for effective and efficient redressal and working of the statute."

To read more please go to the following link:

https://www.msn.com/en-in/news/other/we-are-duty-bound-to-order-performance-audit-of-laws-sc/ar-AA1E0uMl

Friday, May 2, 2025

When SC judges interpret words that don’t exist, Constitution becomes whatever they say it is

Source: The Print

Article 124(2) and Article 200 did not have words now imported into them by the Supreme Court. “Consultation” has already become “concurrence” and now appointment could be “deemed”. This is only the latest episode in a long-standing tug-of-war between the judiciary and the executive-legislative branches. However, in this unstated conflict, the judiciary has always emerged victorious. It has curtailed Parliament’s power to amend the Constitution through the basic structure doctrine, taken away the President’s power to appoint judges to higher courts, read down laws through its interpretations, decided on policy matters, overseen investigations and implementation of its orders, and most recently, set a timeline for governors and the President to act on bills.


To read more please go to the following link:
https://theprint.in/opinion/when-sc-judges-interpret-words-that-dont-exist-constitution-becomes-whatever-they-say-it-is/2610947/

Wednesday, April 23, 2025

AI Threatens Employment, Supreme Court Raises Alarm Over Impact on Drivers and Legal Sector

Source: Law Trend

The Supreme Court of India on Tuesday expressed serious concerns over the potential impact of Artificial Intelligence (AI) on employment across various sectors, warning that the rapid advancement of AI could result in large-scale job losses.

To read more please go to the following link:

https://lawtrend.in/ai-threatens-employment-supreme-court-raises-alarm-over-impact-on-drivers-and-legal-sector/

Tuesday, April 22, 2025

P&H High Court - Govt can deny pay to employee absent due to criminal case

 Source: Times of India

The Punjab and Haryana high court has clarified that the state govt is fully entitled to withhold the back wages of an employee for the duration he has been absent from duty due to involvement in a criminal case, even if the individual is subsequently acquitted of all charges. To read more please go to the following link:

https://timesofindia.indiatimes.com/city/chandigarh/hc-govt-can-withhold-back-wages-for-employees-acquitted-in-criminal-cases-not-related-to-duty/articleshow/120496898.cms

Bombay High Court, under parens patriae doctrine, appoints daughter as legal guardian of mother with dementia

Source:  SCC Online

The present petition was filed under Article 226 of the Constitution invoking the doctrine of parens patriae whereby Petitioners 1 and 2, being son and daughter respectively of Madhura Manmohan Khanvilkar, aged 78 years, were before this Court praying that Petitioner 2 be appointed as a guardian of her mother who was suffering from dementia and severe degree of cognitive impairment. The Division Bench of G.S. Kulkarni* and Advait M. Sethna, JJ., opined that it needed to apply the legal principles on the doctrine of parens patriae to the present case and thus held that Petitioner 2 shall be treated and accepted as a legal guardian of her mother.... To read more please go to the following link:

https://www.scconline.com/blog/post/2025/04/22/bombay-hc-appoints-daughter-as-legal-guardian-of-mother-with-dementia-under-parens-patriae-doctrine/

Tuesday, April 15, 2025

Supreme Court Slams UP Govt and Allahabad High Court For Bail To Accused; Sets 6-Month Deadline For Trial

 Source: Outlook India

In a landmark order aimed at curbing the menace of child trafficking, the Supreme Court on Tuesday strongly criticized the Uttar Pradesh government and the Allahabad High Court while hearing anticipatory bail pleas filed by an accused in a child trafficking over the manner in which they dealt with the serious matter. To read more please go to the following link:

https://www.outlookindia.com/national/child-trafficking-sc-slams-up-govt-allahabad-hc-for-bail-to-accused-sets-6-month-deadline-for-completing-trial

Focus on child’s welfare over parental rights in custody battles say experts

 Source: The New Indian Express

Courts must stop viewing custody battles as a fight between parents and instead focus on the child’s emotional wellbeing, emphasised legal experts and judges at a session -- Parental custody of children: Orders regarding visitation rights and custody issues -- during the Southern Zone Regional Conference on ‘Family: The Basis of Indian Society’. The two-day event, organised by the Family Courts Committee and Supreme Court of India in association with High Court of Karnataka and Karnataka Judicial Academy, concluded on Sunday. They also raised concerns about the challenges posed by cross-border custody disputes, the lack of coordination between jurisdictions and the need for a uniform approach guided by the child’s best interests.

To read more, please go to the following link:

https://www.newindianexpress.com/states/karnataka/2025/Apr/14/custody-battles-focus-on-childs-welfare-over-parental-rights-experts

Monday, April 14, 2025

In a first, Supreme Court sets 3-month deadline for President to decide on Bills referred by Governor

 Source: Indian Express

In setting timelines for Governors to act on Bills presented to them by the state legislatures, the Supreme Court has, for the first time, prescribed that the President should take a decision on the Bills reserved for consideration by the Governor within a period of three months from the date on which such reference is received.

It said “in case of any delay beyond this period, appropriate reasons would have to be recorded and conveyed” to the state concerned.

Calling for a decision within three months is significant because under Article 201 of the Constitution no timeframe has been set for a Presidential decision.

To read more please go to the following link:

https://indianexpress.com/article/india/supreme-court-sets-timeframe-for-president-on-referred-bills-decide-in-3-months-9939603/

Wednesday, March 5, 2025

Delhi HC rejects total smartphone ban in schools, issues guidelines

Source: Business Standard

In a significant ruling, the Delhi High Court refused to ban children from bringing smartphones to school. The Court clarified in its decision that the use of smartphones does not negatively impact teaching, discipline, or overall educational environment in the classroom. 

Justice Anup Jairam Bhambhani passed the directive during the hearing of a petition filed by a student seeking guidelines regarding the use of mobile phones in schools. The Court noted that its intent is to establish guiding principles to balance the positive and negative effects of allowing students to use smartphones while attending school. To read more please go to the following link:

https://www.business-standard.com/india-news/delhi-hc-rejects-total-smartphone-ban-in-schools-issues-guidelines-125030300395_1.html

Thursday, February 27, 2025

High Court denies relief to Ll.B. student over attendance shortage

Source: Times of India

Students in professional degree courses must pursue their studies with all "seriousness and due diligence Delhi High Court has said, rejecting a student's plea to be permitted to appear in the LLB examination despite being short of the minimum attendance criterion. To read more please go to any of the following links:

Or

https://timesofindia.indiatimes.com/city/delhi/hc-denies-relief-to-llb-student-over-attendance-shortage/articleshow/118584864.cms

Wednesday, February 19, 2025

Can Courts Modify Arbitral Awards? Supreme Court Reserves Verdict

Source: NDTV

The Supreme Court on Wednesday reserved its verdict on a key legal issue -- whether courts could modify arbitral awards under the provisions of a 1996 law on arbitration and conciliation. 

To read more please go to the following link:

https://www.ndtv.com/india-news/supreme-court-reserves-verdict-on-whether-courts-can-modify-arbitral-awards-7746481

SC upholds doctors’ liability under Consumer Protection Act, rejects review plea

Source: Economic Times

The Supreme Court has reaffirmed doctors' accountability under the Consumer Protection Act 1986, dismissing a review petition against its 1995 ruling that doctors can be held liable for medical negligence. The court concluded that the existing judgment does not require reconsideration, maintaining that 'services' include medical consultation, diagnosis, and treatment. to read more please go to the following link:

‘No speedy trial, no justice’: SC warns against eroding system’s credibility

Source: Hindustan Times

Prolonged pretrial incarceration due to delays in trials not only violates an accused person’s fundamental rights but also erodes public trust in the judicial system, the Supreme Court emphasized, urging courts across the country to ensure that the process of justice is not derailed by procedural inefficiencies. To read more please go to the following link:

https://www.msn.com/en-in/news/other/no-speedy-trial-no-justice-sc-warns-against-eroding-system-s-credibility/ar-AA1zfbkO?ocid=msedgntp&pc=U531&cvid=f5994339dc364ab7bbd20b604b35a9c2&ei=71

Thursday, February 13, 2025

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court

Source: Live Law

The Supreme Court today (February 13) set aside the bail granted to the individual accused of committing money laundering after noting that the High Court failed to satisfy the twin conditions stipulated under Section 45 of the Prevention of Money Laundering Act, 2002 (“PMLA”). To read more please go to the following link:

https://www.livelaw.in/supreme-court/money-laundering-serious-offence-courts-cant-grant-bail-casually-without-considering-s45-pmla-conditions-supreme-court-283896#:~:text=The%20Supreme%20Court%20today%20(February,2002%20(%E2%80%9CPMLA%E2%80%9D).


Monday, February 3, 2025

Deepseek and its legal, business and financial implications for India

Source: India Technology News

US technology companies’ dominance was questioned on Monday, as Chinese artificial intelligence startup DeepSeek sent shockwaves through Silicon Valley. The startup’s new AI model, a rival to OpenAI’s ChatGPT and Google’s Gemini, is built entirely on open-source technology and lower-end chips. This  approach allowed DeepSeek to sidestep the need for high-end hardware restricted by US export controls and develop the model for just $5.6 million. As a result, DeepSeek is available at a cost that is just 2% of what users would spend on OpenAI’s O1 model.

To read more please go to the following link:

https://indiatechnologynews.in/deepseek-and-its-legal-business-and-financial-implications-for-india/

Friday, January 31, 2025

Hindu marriage cannot be dissolved within one year - Allahabad High Court

 Source: The Times of India

The Allahabad High Court held that marriage between two Hindus is sacrosanct and cannot be dissolved within one year of the wedding on grounds of mutual incompatibility, unless there is an exceptional hardship or depravity as provided under Section 14 of the Hindu Marriage Act, 1955.

To read more please go to the following link:

http://timesofindia.indiatimes.com/articleshow/117650506.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst