The Allahabad High Court (Lucknow Bench), in an order by the Appellate Authority’s direction to register sale deed held that under Section 84 of the Act, a Registering Officer is deemed to be a public servant, though not a Judge or Judicial Officer. While every Judge or Judicial Officer is a public servant, the converse … Read more
The Supreme Court ruled that territory designated under a statutory Master Plan can’t subsequently be considered as “deemed forest” simply because of subsequent vegetation growth, upholding the redevelopment of the railway site at Bijwasan in Delhi. The Forest (Conservation) Act, 1980, did not require prior approval in the absence of forest status at the time … Read more
The Supreme Court held that families alleging grave harm during a State-led immunisation programme should not be left without an accessible mechanism of redress. The Apex Court has also directed the Union Government to frame a no-fault compensation policy for cases involving serious adverse events following COVID-19 vaccination. The said judgment was given by a … Read more
The Supreme Court, while hearing a housing project dispute, has clarified that where the responsibility for construction rests solely with the developer, landowners cannot be held jointly liable for delay in compensation merely because they had executed a General Power of Attorney (GPA) in favour of the developer. Emphasising the contractual allocation of responsibilities, the … Read more
The Allahabad High Court (Lucknow Bench) held that where the quantity of the alleged contraband is below the notified commercial quantity, the provisions of Rule 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 do not operate with the same degree of strictness, particularly when the accused/applicant has no … Read more
Introduction: The criminal procedure system is now regulated by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It describes the steps undertaken once a crime is committed, starting with the reporting of the crime to the ultimate sentence and appeal before the concerned Court. The case of a criminal does not initiate in court. It passes … Read more
The Allahabad High Court, while refusing to grant the accused an additional opportunity to lead evidence in a 13-year-old cheque bounce case instituted under Section 138 of the Negotiable Instruments Act, observed that excessive delay in the resolution of judicial disputes weakens the very foundation of the judicial process. In this context, the Court underlined … Read more
The Supreme Court, while passing an important order in a matter concerning the dismissal of employees appointed by the State of Bihar at the University of Technology and Science, Raipur, Chhattisgarh, clarified that if a university was established under a law that was later declared unconstitutional, students cannot be held responsible who had validly obtained … Read more
The Chhattisgarh High Court upheld a Family Court’s ruling permitting the submission of WhatsApp conversations and call logs in a pending divorce case, noting that the litigating party’s right to introduce relevant evidence in matrimonial disputes must take precedence over the fundamental right to privacy. In respect of the above, while acknowledging that the right … Read more
The Allahabad High Court dismissed a writ petition seeking armed protection by the Central Reserve Police Force (CRPF), clarifying that the grant of security depends upon an objective assessment of threat perception and falls within the domain of the competent authorities, not the Court. The Court emphasized that: “……….it can very well be held that … Read more
