Madras High Court: Post-Divorce Remarriage Valid After Appeal Dismissed for Default; Section 15 HMA Explained

The Madras High Court has held that where an appeal against a divorce decree stood dismissed for default and no stay operated, a subsequent remarriage was valid under Section 15 of the Hindu Marriage Act.

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Telangana High Court: Every Medical Error Is Not Criminal Negligence; FIR Against Diagnostic Staff Quashed

The Telangana High Court has held that an error, lapse or professional negligence does not become a criminal offence unless the conduct crosses the high threshold of gross and reckless negligence.

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Calcutta High Court Judge Recuses From Sujit Bose Bail Plea After Alleged Attempt to Access Reserved Case Record

A Calcutta High Court judge has released herself from hearing former minister Sujit Bose’s bail plea after recording an alleged attempt by counsel and the judge’s private secretary to access the case record after judgment was reserved.

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Supreme Court: Auto Dealer Referral Charges From Banks and Insurers Taxable as Business Auxiliary Service

The Supreme Court has held that referral charges received by an automobile dealer for promoting bank loans and insurance products are taxable as Business Auxiliary Service under the Finance Act, 1994.

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Supreme Court: Criminal Acquittal Does Not Decide Negligence in MACT Claims

The Supreme Court has reiterated that motor accident compensation proceedings apply the civil standard of preponderance of probabilities and are not controlled by an acquittal in a criminal case.

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Supreme Court: Police Cannot Investigate PC-PNDT Act Offences as Primary Agency

The Supreme Court has held that the Appropriate Authority, not the police, is the primary investigative body for offences under the PC-PNDT Act, and a Magistrate cannot take cognisance on a police chargesheet for such offences.

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Supreme Court: False FIR Alone Does Not Amount to Abetment of Suicide

The Supreme Court has held that merely lodging a false FIR or initiating legal proceedings does not, without the ingredients of instigation or intentional aid, constitute abetment of suicide.

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Supreme Court Calls UP Gangsters Act ‘Stillborn’; Says Act Creates No Distinct Offence

The Supreme Court has held that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, as presently framed, does not create a distinct criminal offence capable of sustaining prosecution by itself.

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Supreme Court: Caste Abuse in Enclosed Room Without Public View Does Not Attract SC/ST Act Sections 3(1)(r) and 3(1)(s)

The Supreme Court has quashed SC/ST Act proceedings where alleged caste abuse occurred inside an enclosed room and the material did not show that the words were uttered within public view.

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Supreme Court 9-Judge Bench Refines ‘Industry’ Test; Pending ID Act Cases Continue Under Bangalore Water Supply

A nine-judge Supreme Court Bench has revisited the definition of ‘industry’ under Section 2(j) of the Industrial Disputes Act, while protecting pending and concluded matters from disruption.

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