Author: Priyanka.Agarwal

Division Bench of the Hon’ble Supreme Court presided by Justice M R Shah and Justice Krishan Murari held that Entry 44 of Schedule 3 to the Kerala VAT Act (KVAT), 2003, shall cover Mosquito Mats, Coils, Vaporizers, Mortein Insect Killers, Harpic Toilet Cleaner and Lizol Floor Cleaners in the category of insecticides and hence they shall attract a VAT 12.5 % as stated in the 2006 notification. Background The appellant filed an appeal before the Supreme Court against the judgment of the High Court of Kerala which had upheld the order of the Commissioner with respect to classification of goods…

The Bombay HC while quashing criminal proceedings against Salman Khan and his bodyguard observed that, “ judicial process need not be a means of harassment merely because the accused is a celebrity”. Background A complaint was filed by journalist Ashok Pandey alleging that while Salman Khan was on his bicycle ride in 2019, he along with his cameraperson tried to film him riding the bicycle after having obtained permission from Salman Khan’s bodyguard Mohd. Nawaz Iqbal Shaikh.  However, while they were filming, Salman Khan and his bodyguard allegedly intimidated them and manhandled them. Hence, they approached the D N Nagar…

While setting aside a decision of the Division Bench of the High Court, the Supreme Court upheld the dismissal of the Civil Judge stating that it is the duty of the judge to dictate or prepare the entire judgement and merely pronouncing the result is not enough. Background The respondent in this case was a Civil Judge of batch 1995. On certain allegations of some gross misconduct the respondent was suspended from his service in 2005 and enquiries to investigate the allegations started. Four separate charge memos were made and for each memo a separate enquiry report was filed. When…

The Delhi High Court bench has ordered to constitute a Joint Task Force to stop illegal sand mining at the banks of Yamuna River. Facts: The petitioner had filed a Writ Petition in the Delhi High Court complaining about the illegal sand mining being done at the embankments of the Yamuna River by deployment of Hydraulic Excavators and Dumpers. Before the Writ Petition the petitioner has already made several complaints with other concerned authorities and has also registered an FIR under section 379 of the Indian Penal Code and Section 21(4) of Mines and Minerals Act & 5/15 Environment Act.…

The Gauhati HC celebrated its Platinum Jubilee on April 5 on completion of its 75th year of existence. It was a 4-day long celebration which commenced on April 5, Wednesday and ended on April 8, Saturday. The celebrations were a host to many special dignitaries including President Draupadi Murmu, Chief Justice of India D.Y. Chandrachud, Chief Justice of Gauhati HC, the Chief Minister of Assam and many others. Jurisdiction of Gauhati HC The Gauhati High Court (Gauhati HC) was established on August 14, 1948. It was earlier known as the High Court of Assam and had its first session at…

The Supreme Court warns the Defence Ministry that they would issue a notice of contempt if they do not set their house in order. The Court was hearing applications filed by women officers alleging arbitrariness and discrimination in their promotions. Background In the case of The Secretary, Ministry of Defence v. Babita Puniya (2020 SC), the Supreme Court granted permanent commission status to women officers. But even when such status was granted many issues arose with respect to discrimination as to granting of benefits at par with their male counterparts. Such a similar issue arose before the Supreme Court in…

The Uttarakhand High Court Division Bench presided by Chief Justice Vipin Sanghi and Justice Alok Kumar Verma has ordered the government to reinstate IFS Officer Ravi Bhartari as the Principal Chief Conservator of Forest/ Head of Forest Force (PCCF/HoFF), thus putting a full stop at a 16-month long conflict of Rajiv Bhartari with the Government of Uttarakhand. Background Rajiv Bhartari an IFS Officer was promoted to the post of PCCF/HoFF, for which he took charge on 01.01.2021, however on 25.11.2021 he was transferred to the post of Chairman, Uttarakhand Biodiversity Board. Also, in 2022, respondent no.4 was appointed at the…

A Full Judge Bench of Odisha High Court held that appellant knew about the fact of failure and still continued with her Higher Qualification, hence doctrine of Promissory Estoppel shall not apply. The Court was hearing a Reference made by a Division Bench. Background The appellant had appeared for her Intermediate Exam in 1996 wherein, she failed in two subjects i.e., English and Education. She received the marksheet herself and was aware that she had failed in two subjects, still she filled the compartment for only one subject i.e., English and passed in the subject but she had not received…

Delhi High Court while relying on a landmark judgement of the Hon’ble Supreme Court reiterated that for a dispute to be referred to the arbitrator, it should correlate to the Arbitration Agreement between the parties. Facts The petitioner, GTM Residency, a construction company, launched a Project to construct a Housing Society in Gurgaon, for which it entered into a contract with the respondent, Sneh Development Pvt. Ltd (also a construction company). They entered into an agreement in 2005. During the Project, several disputes arose between the parties, which were time and again settled by the Sole Arbitrator appointed by the…

The Supreme Court held that the prosecution was not able to establish guilt ‘beyond reasonable doubt’, hence the appellants are entitled to ‘benefit of doubt’ and thus set aside judgement of the High Court which had upheld their conviction for a murder that happened in 1989. Background The Hon’ble Court was hearing an appeal filed against the judgement of Gauhati High Court which had confirmed the conviction order of the Trial Court wherein 11 persons were convicted for murder. 4 out of the 11 convicted persons filed an appeal in the Apex Court. Prosecution story The prosecution presented the facts…