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Showing posts with the label Legal Update

Supreme Court Refers Expat Income Issue in Motor Accident Compensation to Larger Bench

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The Supreme Court of India has referred a significant legal question to a larger bench —how should the income of Indians working abroad be assessed for calculating compensation in road accident cases within India? This development comes amid conflicting judicial precedents on whether to calculate compensation based on the deceased’s full foreign income or to adjust it in line with Indian cost-of-living standards. Background of the Case: The Death of Hari Shankar Brahma The matter arose from an appeal filed by the family of Hari Shankar Brahma , a 27-year-old system analyst employed with Nihaki Systems Inc., New Jersey (USA) , who tragically died in a road accident in India in 2009. At the time of his death, he earned $47,050 per year (around ₹21 lakh) . His parents and siblings sought compensation before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 . The Tribunal calculated compensation based on his US income with standard deductions, awarding ₹...

Delhi HC Allows JTNL to Continue Selling ‘ORSL’ Pending FSSAI Review

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Introduction The Delhi High Court has permitted JTNL Consumer Health , a subsidiary of Johnson & Johnson , to continue marketing its electrolyte drink under the registered trademark “ORSL” , despite the Food Safety and Standards Authority of India (FSSAI) issuing a ban on the use of the term ‘ORS’ in beverage branding. The High Court order places the FSSAI directive in temporary suspension only with respect to JTNL , until the authority decides on the company’s representation. This interim protection addresses concerns surrounding regulatory compliance, consumer protection, and market impact. Background: FSSAI’s Prohibition on Use of “ORS” On October 14 and 15, 2025 , the FSSAI issued orders directing Food Business Operators (FBOs) to refrain from using the term ORS : In product names On packaging labels In advertisements As part of trademarks The regulator reasoned that electrolyte drinks marketed as “ORS” or similarly named alternatives misled consumers i...

Ola Engineer’s Death Sparks Legal and Ethical Debate: A Wake-Up Call on Corporate Mental Health

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The Incident: Allegations of Harassment and Financial Exploitation A shocking case from Bengaluru has raised troubling questions about workplace culture and mental health in India’s corporate sector. An Ola Electric engineer , aged 38, allegedly died by suicide on September 28, 2025 , after consuming poison at his residence. The engineer, who worked as a Homologation Engineer at Ola Electric since 2022, reportedly left behind a 28-page handwritten note accusing his superiors — including Ola founder Bhavish Aggarwal and Subrat Kumar Das , Head of Vehicle Homologations and Regulations — of mental harassment and financial exploitation . His friends discovered him in distress and rushed him to a hospital, but he succumbed the same day. Initially, an Unnatural Death Report (UDR) was filed. Later, his brother found the suicide note and approached the police, leading to a formal FIR against Aggarwal, Das, and other senior officials. The FIR and Legal Proceedings The Karnataka Poli...

Bombay High Court Denies Bail to Serial Child Rapist: Reinforcing the Paramount Duty of Protecting Children

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Introduction In a significant ruling safeguarding the rights and safety of minors, the Bombay High Court rejected the bail plea of a 28-year-old man from Kharghar , accused of repeatedly sexually assaulting his 11-year-old niece . The judgment underscores the judiciary’s unwavering stance that protection of society and potential victims , especially children, must outweigh the personal liberty of habitual offenders under such serious charges. The bench of Justice Amit Borkar observed that granting bail to the accused would not only “send a wrong message to society” but also endanger the victim’s safety and compromise the integrity of the ongoing trial. Case Background The accused, a married man, was arrested by Panvel City Police for raping his 11-year-old niece , making this his fourth case of child sexual abuse. According to the prosecution, the accused exploited the young girl over several years, beginning when she was just 8 years old . The child’s father was incarcerate...

J&K CM Omar Abdullah Considers Joining Statehood Plea in Supreme Court: Legal, Constitutional, and Political Implications

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The ongoing debate over Jammu & Kashmir’s restoration of statehood has taken a significant turn as Chief Minister Omar Abdullah announced that he is exploring the possibility of becoming a party to the petitions pending before the Supreme Court . The top court is currently hearing multiple pleas seeking the reinstatement of Jammu and Kashmir’s statehood, which was revoked on August 5, 2019 , following the abrogation of Article 370 and the bifurcation of the state into two Union Territories (J&K and Ladakh) . Supreme Court Proceedings on Statehood Restoration On October 10, 2025 , the Supreme Court of India granted the Centre four weeks to file its response in the ongoing hearings related to the restoration of Jammu and Kashmir’s statehood. The petitions argue that the prolonged Union Territory status undermines federalism , representative democracy , and constitutional autonomy once guaranteed under Article 370 and Article 35A of the Constitution. Chief Minister Oma...

Madras High Court Directs Air India to Pay ₹35,000 Compensation for Serving Contaminated Meal

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The Madras High Court has directed Air India Limited to compensate a passenger with ₹35,000 after he suffered vomiting sensations and stomach pain from consuming a meal that contained a strand of hair . The ruling reinforces the principle that airlines are liable for negligence in services provided to passengers, even when outsourced to third-party caterers. Background of the Case The case arose when a passenger onboard an Air India flight consumed food supplied by the airline, only to find a hair follicle in the meal. The passenger experienced immediate nausea, vomiting, and stomach pain, and subsequently lodged a complaint upon landing. The trial court had earlier directed Air India to pay ₹1 lakh in damages for negligence. Air India appealed against this decision, arguing that the food was prepared by an external caterer — Ambassador Pallava Hotel — and that the airline itself could not be held directly responsible. Court’s Observations and Findings Justice P. B. Ba...

Supreme Court Questions Colonial-Era Execution Method: Hanging vs. Lethal Injection Debate

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The Supreme Court of India has reignited the debate around capital punishment methods, questioning whether the colonial-era practice of death by hanging should continue to be India’s sole means of execution. On October 9, 2025 , a bench comprising Justice Vikram Nath and Justice Sandeep Mehta suggested that the Union Government should consider giving death row convicts the option to choose between hanging and lethal injection , observing that “methods of execution across the world have undergone significant change” since India codified hanging into law. The Case and the Challenge The issue arises from a petition filed by advocate Rishi Malhotra , challenging the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC) , which mandated that a person sentenced to death “shall be hanged by the neck till he is dead.” This provision has now been replaced by Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , but the method of hangin...

Supreme Court Rules Against Compound Interest in HLV Limited vs PBSAMP Projects Pvt. Ltd.

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Background of the Dispute The case arose out of a Memorandum of Understanding (MoU) dated 09.04.2014 between HLV Limited (formerly Hotel Leelaventure Pvt. Ltd.) and PBSAMP Projects Pvt. Ltd. . The agreement related to the sale of land at Banjara Hills, Hyderabad, where PBSAMP paid ₹15.5 crore as advance . When disputes emerged, the MoU was terminated, and arbitration proceedings began.

Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti

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Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti Introduction In a significant ruling, the Rouse Avenue Court in Delhi has declined to take cognizance of the charge sheet filed against AAP leader Somnath Bharti and another accused under Section 132 of the Representation of the People Act, 1951 (RP Act). The court ruled that there was insufficient evidence to establish a criminal offense, thereby dismissing the prosecution’s case. This decision comes after an FIR was registered at the South Campus Police Station in May 2024, alleging that Bharti and his associates entered polling locations and recorded poll procedures during the 2024 Lok Sabha elections . Background of the Case FIR & Allegations 🔹 The FIR was lodged based on two complaints from Presiding Officers of Polling Stations-12 & 14 , who alleged that: ✔️ Somnath Bharti and his supporters entered the polling locations while hiding their mobile phones. ✔️ An accused, Anshul , vid...

SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre

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SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre Introduction In a significant verdict , the Supreme Court of India ruled that lottery distributors are not liable to pay service tax to the Central Government . The apex court upheld the Sikkim High Court's 2012 decision , stating that only state governments have the power to impose taxes on lotteries under Entry 62, List II of the Seventh Schedule of the Constitution of India. This ruling brings clarity to the taxation of lotteries , reinforcing the exclusive authority of states over gambling-related activities. The Supreme Court's Judgment Key Observations by the Bench 🔹 The bench of Justices BV Nagarathna & N Kotiswar Singh dismissed the Centre’s appeal, citing that the Finance Act amendments of 2012, 2015, and 2016 , which sought to levy service tax on lottery distributors, were ineffective . 🔹 The SC upheld that the business of lotteries operates on a Principal-to-Principal basis , meani...

SC Tags Owaisi's Plea for Enforcement of Places of Worship Act with Pending Cases

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SC Tags Owaisi's Plea for Enforcement of Places of Worship Act with Pending Cases The Supreme Court has scheduled the hearing of AIMIM President Asaduddin Owaisi's plea on February 17 , alongside a series of petitions challenging and seeking strict enforcement of the Places of Worship (Special Provisions) Act, 1991 . Here’s a detailed analysis of the legal and communal implications of this case: What is the Places of Worship Act, 1991? The Act is a legislative measure that aims to preserve the character of all religious places as they existed on August 15, 1947 . Key provisions include: Section 3: Prohibits the conversion of any place of worship into one of a different religious character. Section 4: Bars the filing of suits or legal proceedings seeking such conversion for places of worship existing as of August 15, 1947. The Act imposes strict penalties for violations and seeks to maintain communal harmony by freezing the religious character of places of worship. ...

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

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Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...

Supreme Court Upholds Constitutional Validity of Section 6A of Citizenship Act: Balancing Migration, Citizenship, and Cultural Identity in Assam

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Supreme Court Upholds Constitutional Validity of Section 6A of Citizenship Act: Balancing Migration, Citizenship, and Cultural Identity in Assam In a recent decision, the Supreme Court of India  addressed the constitutional validity of Section 6A of the Citizenship Act, 1955 , which specifically confers citizenship on a class of migrants from Bangladesh to Assam . This ruling stems from Writ Petition No. 274 of 2009  and multiple connected petitions. Section 6A was introduced after the Assam Accord of 1985 , and has been a focal point of debate due to its implications on citizenship and its alignment with the Constitution of India . Key Issues Addressed by the Court 1. Legislative Competence of Parliament: The Court analyzed whether Parliament had the constitutional authority to enact Section 6A , given that the provision grants citizenship based on a specific timeline related to migration from Bangladesh into Assam. The petitioners contended that Section 6A altered the cut-o...

Constitutional Provisions for Appointment of Chief Justice of High Courts

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Constitutional Provisions for Appointment of Chief Justice of High Courts The appointment of Chief Justices of High Courts in India is governed by several constitutional provisions and guidelines laid down by the Supreme Court Collegium . The Constitution of India , particularly Articles 217 and 222 , outlines the framework for the appointment of Judges and Chief Justices  of High Courts. In conjunction with these, the Memorandum of Procedure (MoP) , developed based on various Supreme Court rulings, plays a crucial role in guiding the appointment process. Article 217: Appointment of High Court Judges Article 217 of the Constitution lays down the qualifications and procedure for the appointment of Judges to High Courts . According to this Article: - A Judge of a High Court , including the Chief Justice , is appointed by the President of India . - The President consults with the Chief Justice of India (CJI) , the Governor of the respective state , and sometimes the Chief Justice of ...

Supreme Court Dismisses Appeal in the Dispute Over Trust Property of Kamakala Kameshwarar Temple

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Supreme Court Dismisses Appeal in the Dispute Over Trust Property of Kamakala Kameshwarar Temple On September 13, 2024 , the Supreme Court of India dismissed the civil appeal in Civil Appeal No. 8374 of 2024 , involving the dispute over the ownership and title of a trust property related to the Kamakala Kameshwarar Temple . The appeal, filed by Sri Siddaraja Manicka Prabhu Temple , challenged the judgment passed by the Madras High Court on October 26, 2017 , which had upheld the decision that the disputed property was trust property and not under the absolute ownership of the appellant. Background of the Case The case revolves around the ownership of an immovable property adjacent to the Kamakala Kameshwarar Temple (referred to as the "suit property"). This property, along with the temple, was originally owned by Rai Raja Eswardoss Diawanth Bahadur , whose son and grandson, T. Lakshmidoss and T. Venkataprasad , were declared insolvents by the Madras High Court in 1914 . A...