Current Trend in law

No Dilution In Rate

The Parliament intended section 126 to act as a deterrent. If a person uses electricity for unauthorised purpose, he must not pay the same rate as an honest consumer. Otherwise there would be no difference between authorised and unauthorised use. Higher rate is therefore, not a punishment in the criminal sense...

SC Line On Latest Reference

Each constitutional organ or authority cannot function by itself. The working of our constitutional scheme is premised on constitutional authorities- who are each assigned specific but interdependent roles- performing their duties, akin to cogs that keep a clock ticking. They depend on each other, to keep the Constitution humming, and thus working. They are also constitutionally obligated, to offer checks- and - balances, for the other. Such a scheme, thus, abhors inaction...

Companies’ Ineligibility

 By Adv. R. S. Agrawal : Insurance service by its very nature is to secure the insured against a prospective loss on account of unforeseen circumstances. Therefore, the dominant object of availing that service is not to generate profits but to s..

Settlement Not Binding

In this case, dangerous weapons have been found and recovered from the accused persons in both cases. There is evidence of use of these weapons by the accused persons their clothes have been found with blood stains. In view of this the HC’s considered view is that only because of settlement between the parties, it would not be proper to quash the First Information Report and the consequent chargesheet...

Delay In Arbitral Award

 By Adv. R. S. Agrawal :  It is only when the effect of the undue delay in the delivery of an arbitral award is explicit and adversely reflects on the findings therein, such delay and, more so, if it remains unexplained, can be construed to resu..

Gaps In Findings

The High Court’s function in writ proceedings is to test legality, fairness and procedure. It is not to conduct a trial or reweigh evidence afresh. The material before the Court shows gaps in the earlier findings, absence of separate discussion of each charge, and want of proper evaluation of defences and documentary proof. Those defects go to heart of inquiry under section 88 and Rule 72...

Circumventing Marriage Law

THROUGH the judgement of the case – VN & DG, delivered on October 9, 2025, at the Delhi High Court, Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar have very firmly stated that not only would permitting the present appeal or even upholding the maintainability of the underlying petition be an affront to our statutory scheme, but it could well become the chosen route such of the ingenious, who seek documentation in support of their nefarious intent, and thereafter, the interference of ..

Law And Mentally-Ill

WHO opines that persons addicted to prohibited liquor or drugs are mentally-ill. Due to such illness, an irresistible impulse is created in the minds of such individuals, causing them to become violent and commit crimes, generally assault, for money, resulting in serious injury or death to innocents.If such mentally-ill persons are released on bail, they continue their illegal acts. Also, it is dangerous to released such persons on bail, as they pose constant threats due to their propensity to commit ..

Pre-Requisite For Probe

THROUGH the judgement in the case Rahul Gandhi v. State of UP and Another, delivered on September 26, 2025, Justice Sameer Jain, at the Allahabad High Court has ruled that if any application under section 173(4) of BNSS, 2023 is moved against an individual then before passing order to register the case, and to investigate the matter, it is necessary for the Magistrate concerned to record the finding whether any cognisable offence against the said individual is made out or not as for registration of ..

Murder And Bid On Life

 By Adv. R. S. Agrawal :   A deep abdominal thrust with a knife followed by injury to the internal organs in practically certain to result in acute peritonitis causing death. It is clearly a case of murder under section 302 and not mere..

Bail To UAPA Accused

State counsel was also unable to give any reasonable estimate of the time that maybe required for completion of the trial. Therefore, the Court is left with no other option, but to release the appellant on bail, especially, when the appellant is in custody since five years, two months and 30 days and end of the trial is not in sight...

Transfer Fee From Lawyers

The Supreme Court has held in the case that State Bar Councils cannot charge enrollment fee beyond the mandate of section 24(1)(f) of the Act of 1961. In that case, the core issue arising for decision of the court was as to whether enrollment fees charged by the in contravention of section 24..

Withdrawal Of Prosecution

Matters of gruesome crime involving misuse of public office and public money do not warrant withdrawal of prosecution merely on the ground of good public image of an accused or that he is elected Member of Legislative Assembly...

Ignoring Binding Law

This case illustrates how rent control conditions incentivise landlords to monetise even the smallest open spaces, with such enclosures later being projected as legitimate tenancies. The Court must view with disfavour any attempt by a litigant to abuse the process. A litigant who takes liberties with the truth or with the procedures of the Court, should be left in no doubt about the consequences to follow. Exemplary costs are inevitable, and even necessary, so that there is no premium on the truth...

SC’s Line On HC Judge

THROUGH the judgement of the Case- M/s Shikhar Chemicals v. The State of Uttar Pradesh & Another, delivered on August 8, 2025 by Justice J B Pardiwala and Justice R Mahadevan, at the Supreme Court, have, in response to the written request made by the Chief Justice of India, to reconsider their judgement of the same case passed on August 4, 2025, made it clear that the Court’s intention was not to cause embarrassment or cast aspersions on the concerned Judge...

Refusal To Cancel Bail

While dealing with an application for cancellation of bail, the courts must endeavour to strike a balance between the individual liberty and the social interest and exercise jurisdiction with great care and circumspection bearing in mind the settled legal principles governing the issue...

Securing Ends Of Justice

The fact, that the appellant No.1 was arrested in this frivolous FIR clearly shows the clout of the company of which the complainant is an agent, on the police agency as not only did the complainant manage to get the FIR registered, but thereafter, also saw to it that appellant -1 is arrested and humiliated, by keeping her in custody for eight days...

Online Ticket Booking

The petitioner is engaged in the business of operating and managing multiplex cinemas in India, including in Maharashtra. The HC has stated that issue before it was not whether entertainment duty on convenience fees should be levied or not, but the issue before the Court is whether the respondents by issuing impugned G O can prohibit the petitioners from collecting the convenience fees...

Pay Commission Arrears

By Adv. R. S. Agrawal :   So far as the case of the employees about the representation being made is concerned, it has been held by the Supreme Court mere making representation would not extend the period of limitation and entitles an emp..

ALLOTMENT OF LEASE

The HC has stated further that till the fresh decision is taken for allotment of lease in respect of Central Store Office, respondent-4 Dama shall continue to hold possession thereof. In the event of respondents 1 to 3 taking decision to allot the lease in respect of Central Store Office in favour of the petitioner, the respondent-4 shall forthwith vacate the possession of the Central Store Office within two weeks of the decision of the respondents 1 to 3...

Adding To Marriage Dispute

IN THE judgement of the case – Sandhya Shekhar Zanjare v. Shekhar Suresh Zanjare, delivered on June 9, 2025, Justice Manjusha Deshpande, at the Principal seat of the Bombay High Court at Mumbai, had occasion to deal with the factors to be taken into consideration while dealing with applications for amendment generally and particularly in the matrimonial cases, as the Judge was concerned with in this case. The petitioner-wife from Nashik, had challenged the order passed by the Family Court Judge, Nashik ..

TERMINATION OF SERVICE

An act of medical negligence, even resulting in death would not automatically constitute culpable homicide unless there is intent or knowledge that the death would be a likely consequence. Medical negligence cannot be equated with culpable homicide. I N THE judgement of the case – Dr K Rajgopalan (71) v. Regha (42) and State of Kerala, delivered on May 26, 2025, Dr Justice Kauser Edappagath, at the Kerala High Court at Ernakulam, has reiterated that if the evidence which the prosecution proposes to ..

Termination Of Service

The petitioner granted 6 months maternity leave to respondent, who further extended the leave, and was granted during the probation. The respondent was irregular throughout in discharging her duties. She did not report, as and when required. She also even did not show any inclination to register for Ph.D. which is a pre-requisite for her post to be permanent. In the opinion of the HC, if there was any bias or personal grudge against Ingale, Management would not have granted opportunities to her to ..

CJ’S RIGHT TO WITHDRAW CASE

Powers of Chief Justice as Master of the Roster are wide, pervading and plenary. These powers are circumscribed by only one consideration, that is, to protect the interest of the institution from being tarnished and to uphold the public trust reposed in judiciary by litigants. If these considerations are kept in mind, then the power of the CJ of allocating a particular case to any particular Bench or withdrawing a particular case from any particular Bench and allocating the same to any other Judge ..

‘Tarsem Singh’ Benefits All

THROUGH the common judgement delivered by Justices M. S. Sonak and Jitendra Jain, at the Bombay High Court in Mumbai, have allowed the writ petitions filed by Kisanlal Bairudas Jain and several other land-owners, on May 9, 2025 with declaration that the Supreme Court’s decision in the case – Union of India v. Tarsem Singh and others- (2019) 9 SCC 304 applies to all these cases, entitling all these petitioners to the statutory benefits of interest and solatium on par with the provisions of the Right ..

Prohibition Law Provision

Supreme Court has held that wherever the Legislature intended an enquiry to be held before taking any action by necessary implication or in express manner, provision is made to allow an aggrieved person to be heard. Generally speaking, excepting where an order is to be reversed qua a particular person, there is no provision for a hearing. The nature and extent of regulatory power of the State Government and the mode of their exercise are matters of policy..

STAMP VENDORS LIABLE

The legislature has used a comprehensive definition of “public servant” to achieve the purpose of punishing and curbing of growing menace of corruption. Keeping this intention of legislature in mind, the SC is of the view that the definition of ‘public servant’ under the PC Act be given a wide interpretation so as to advance the object underlying the statute. It is a nature of duty being discharged by a person which assumes importance when determining whether such a person falls within the ambit of ..

‘PANCHSHEEL’ OF PROOF OF GUILT

The provisions of section 106 of the Indian Evidence Act, 1872 are unambiguous and categoric. Thus, if a person is last seen with the deceased, he must offer an explanation as to how and when he parted company. If he does so, he must be held to have discharged his burden. If he fails to offer an explanation on the basis of facts within his special knowledge, he fails to discharge burden cast upon him by section 106 of the IE Act...

GST NOT APPLICABLE TO VARSITY

I N T HE judgment of the writ petition filed by Goa University Registrar, Vishnu Sakharam Nadkarni, delivered on April 15, 2025, Justices M.S. Karnik and Nivedita P.Mehta, at Goa Bench of the Bombay High Court, have held that the activities of the petitioner-Goa University, not being commercial in nature, are not amenable to GST, as there is a complete absence of jurisdictional facts to issue the impugned show cause notice. In view of this legal position, the High Court allowed the Petitioner-University’s ..

‘Illegal Building Intolerable’

 By Adv. R. S. Agrawal : The HC has found it quite astonishing that even the police authorities who are the eyes of the City Administration did not point out to the Ulhasnagar Municipal Corporation about construction though a duty is cast upon..

Mediclaim Not Deductible

ON MARCH 28, 2025, a larger Bench of the Bombay High Court at Mumbai, consisting of Justice Atul S Chandurkar, Justice Milind N Jadhav and Justice Gauri Godse, while answering a Reference in negative, has held that question as framed ought to be answered in the negative...

Poll Pleas Fail Against Gadkari

JUSTICE Urmila Joshi-Phalke, at the Nagpur Bench of the Bombay High Court, has dismissed two Election Petitions filed by Advocate Santosh Tulshiram Chavhan and Suraj Baliram Mishra against the victory in General Elections last year, of the Union Minister Nitin Gadkari from the Nagpur Constituency to the Lok Sabha, on March 19, 2025. In quite meaningful observation, the HC has stated in its separate judgments that “seeing from any angle, it becomes clear that in absence of pleadings as to the “material ..

Pension To Former Judge

IN THE judgement of the case Pushpa Virendra Ganediwala v. High Court of Judicature of Bombay & others, delivered on March 13, 2025, at the Principal Seat of the HC at Mumbai, the Chief Justice Alok Aradhe and Justice Bharati Dangre have held that the expression, ‘retirement’ in section 14 and 15(1) of the High Court Judges (salaries and Conditions of Services) Act, 1954 has been used in a broad sense and it includes the case of retirement on resignation as well. The criteria of entitlement to pension ..

Case of ‘Mental Cruelty’

In the context of matrimonial cruelty, the Supreme Court has stated that the Judges and lawyers should not import their own notions of life. Each case may be different. New type of cruelty may crop up in any case depending upon the human behaviour, capacity or incapability to tolerate the conduct complained of. Such is the wonderful realm of cruelty...

‘Overstepping Jurisdiction’

The SC has held that the jurisdiction ends when the bail application is finally decided. The SC’s finding in the case is that the Madras HC Single Judge has collated data from the State and made that part of the order after the decision of the bail application, as if the Court had the inherent jurisdiction to pass any order under the guise of improving the criminal justice system in the State. The jurisdiction of the Court is limited to grant or not to grant bail, pending trial. Even though the object ..

Medical Admission & Disabled

The HC had rejected the claim of the appellant, a ‘person with disabilities’ and upheld the denial of admission to him, to the MBBS course. The report by Dr. Singh has an interesting reference about how in an age when robotic surgeries are relied upon, the NMC norms still insist on the “both hands intact with intact sensations” norm. Dr. Singh quotes the father of neurosurgery Harvey Cushing, who as early as in 1911, emphasised the motor skills are often “the least part of the work.”..

Cryptic Bail Orders

The PMLA has been enacted to deal with the subject of money laundering activities having transnational impact on financial systems including sovereignty and integrity of the countries. The offence of money laundering has been regarded as an aggravated form of crime world over and the offenders involved in the activity connected with Proceeds of Crime are treated as a separate class from ordinary criminals...

Election-Time Transfers

By Adv. R. S. Agrawal : The HC has held that the Tribunal was not justified in holding that the transfer orders issued to the concerned police personnel were to remain effective only till the time the elections were held. The orders of transfe..

Continued Detention

AFTER perusing the contents of the criminal writ petition VickyBharat v. the State of Maharashtra and another along with few dozen similar petitions, the Bombay High Court division bench at Mumbai, consisting of Justice Sarang Kotwal and Justice S. M. Modak, has formed an opinion that issue relates to interpretation of section 50 of the Code of Criminal Procedure, 1973 (Cr.P.C.).In some of the petitions , the interpretation of sections 41 and 41A of Cr.P.C. is also necessary. The common contention ..

‘Abetment Of Suicide’

IN THE Judgement of the case –Mahendra Awase v. The State of Madhya Pradesh , delivered on January 17, 2025, Justice Abhay S. Oka and Justice K.V. Viswanathan at the Supreme Court , have been quite critical of adoption of very casual approach by the investigating agencies and trial courts by mechanically framing charge of instigating suicide under section 306 of IPC and the Court has called for exercise of great caution and circumspection and not to follow a play it safe syndrome by mechanically framing ..

‘Untoward Incident’

IN THE judgement of the case- Shri Basir alias Mohd. Ahmed Khan and Mrs Amina Basir Khan v. Union of India through General Manager, Central Railway, CST, Mumbai, delivered on January 8, 2025, Justice Firdosh P. Pooniwalla, at the Bombay High Court in Mumbai has noted that in the light of the evidence, the appellants had clearly discharged the initial burden to show that their deceased son was carrying a valid monthly pass and was a bona fide passenger. Thereafter, the burden shifted to the respondent-Railw..

‘Delay Defeats Equity’

IN THE judgment of the case –Shri John Joseph v. Union of India & two others, delivered on December 16, 2024, Justice M S Karnik and Justice Nivedita P Mehta at the Bombay High Court at Goa, have referred to settled principle of law that a litigant who approaches the Court belatedly or in other words sleeps over his rights for a considerable period of time and wakes up from deep slumber ought not to be granted the relief as “delay defeats equity”...

Immunity To Lawyer

The HC has pointed out that it is well accepted principle in law that right to free speech is not an absolute right and one cannot assert existence of this right by levelling reckless utterances, which tantamount to defame another person, as the said person equally has a right of his dignity, which is a part of his fundamental right under Article 21 of the Constitution of India. ..

Dishing Out Unfair Treatment

The expectation from the Licencing Authority or the Authority granting authorisation is to act fairly and to adopt a procedure, which can be said to be ‘fairplay in action’. In one of the judgements, the Supreme Court has held that due observance of the statutory obligations as a part of good administration raises a reasonable or legitimate expectation fair treatment. ..

Opposing Reservation

On going through the entire material, it reveals that messages only show feelings expressed as to Caste Reservation System. Such messages nowhere show that there was any attempt to promote any enmity, hatred or ill-will against members of the SCs and the STs. At the most it can be said that her target was just the complainant only...

Condoning Delay

IN THE judgement of the Special Leave Petition (Civil) – Rajneesh Kumar & Another v. Ved Prakash, delivered on November 21, 2024, Justice J.B. Pardiwala and Justice R. Mahadevan have quoted an observation from its judgment of the case- Bharat Barrel & Drum Mfg. Co. v. The Employees State Insurance Corporation- (1971) 2 SCC 860, wherein the Supreme Court has declared that “the necessity for enacting periods of limitation is to ensure that actions are commenced within a particular period, firstly to ..

ORDER OF CHARGE

I N T HE decision of a Single Judge Bench criminal case – Achal Singh and 3 others, Justice Birendra Kumar has held at the Rajasthan High Court, Jodhpur, on November 12, 2024, that in the judgment of the case – Kola Ram & Another v. State of Rajasthan-(1999) Cr.L.R. (Raj.) 401 that framing of charge after giving opportunity of hearing is an independent judicial act, hence mere taking of cognizance does not make it obligatory to frame charge. In other words, correctness of order of charge can be looked ..

‘NO’ TO QUASHING FIR

In the facts and circumstances of this case, a strong action needs to be taken in order to maintain the faith of the litigant and the society at large. Provisions provide for a mechanism of dealing with cases of professional misconduct on the part of advocates. It also provides for an opportunity of hearing to both the sides to arrive at a conclusion, either way ..

Grounds For Parole

JUSTICES Bharati Dangre and Manjusha Deshpande have at the principal seat of the Bombay High Court in Mumbai, in the criminal case – Balaji Abhaji Puyad v. The State of Maharashtra and others, allowed the writ petition of the convicted prisoner Balaji on October 25, 2024, for being released on parole, in the wake of illness of his wife with direction to the Superintendent, Nashik Road Central Prison to release him after ascertaining genuineness of the cause cited by the petitioner and if that is ..

Deemed Registration

THROUGH the judgement of the Income Tax Appeal in the case-The Commissioner of Income Tax-IV, Pune v. Dr Kasliwal Medical Care & Research Foundation, Solapur, delivered on October 21, 2024, Justice G S Kulkarni and Justice Firdosh P Pooniwalla, at the Bombay High Court, have held that the clear position in law is, as has been decided by the Supreme Court in its decision of the case – Harshit Foundation Sehmalpur v. Commissioner of Income Tax-(2022)139 taxmann.com 55(All), that section 12AA(2) of the ..