Author name: Arshiya Banu

Supreme Court Clarifies Doctrine of Merger and Article 142 Powers

Background The Supreme Court of India has clarified the application of the doctrine of merger, stating that it is not universal and that the powers under Article 142 of the Constitution are an exception. This doctrine typically involves the merging of a lower court’s order into that of a higher court upon appeal, but the […]

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Supreme Court Issues Notice on Plea Against Uttarakhand Government’s Denial of NOC to Teachers for Employment Outside the State

The Supreme Court of India has issued a notice in response to a plea challenging the Uttarakhand government’s decision to deny No Objection Certificates (NOCs) to teachers seeking employment in medical colleges outside the state. The petition, filed by a group of affected teachers, argues that the government’s refusal to issue NOCs is arbitrary and

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New Law Addressing Public Exam Paper Leaks and Unfair Means Takes Effect from June 21

Background Starting June 21, a new law aimed at preventing paper leaks and the use of unfair means in public examinations has come into effect. This legislation is designed to enhance the integrity and credibility of public exams, ensuring a fair and transparent process for all candidates. Key Provisions Implementation Educational institutions and examination boards

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West Bengal Chief Minister Urges Deferment of New Criminal Laws Implementation

Background West Bengal Chief Minister Mamata Banerjee has written to Prime Minister Narendra Modi, requesting the deferment of the implementation of three new criminal laws. The laws in question are the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Bill, which are set to replace the Indian Penal Code (IPC), Criminal

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Kerala High Court: Accidental Download of Child Pornography Not an Offense Under Section 67B of the IT Act

In a recent landmark ruling, the Kerala High Court clarified that the accidental downloading of child pornography does not constitute an offense under Section 67B of the Information Technology Act, 2000. This decision has important implications for how cases involving inadvertent access to prohibited materials are treated under Indian law. Case Background The case arose

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Bombay High Court: Slump Sale Not Considered Sale of Goods Under MVAT Act

Background In a landmark judgment, the Bombay High Court has ruled that a slump sale does not constitute the sale of goods under the Maharashtra Value Added Tax (MVAT) Act. This decision has significant implications for the taxation of business transactions involving the transfer of a business as a going concern. Case Details The case

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Kerala High Court Quashes Special Judge’s “Unwarranted Remarks” Against IAS Officer

Background The Kerala High Court recently quashed the “unwarranted remarks” made by a Special Judge against an IAS officer, highlighting that such unnecessary comments can blemish the career of public servants and lead to unwarranted inquiries. Case Details The case centered around a Special Judge who made critical remarks against an IAS officer while presiding

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Rajasthan High Court Quashes FIR: Breach of Rules Under Section 41 of Rajasthan Forest Act is a Non-Cognizable Offense

Background In a significant legal development, the Rajasthan High Court has quashed an FIR related to the breach of rules framed under Section 41 of the Rajasthan Forest Act concerning the transit of forest produce. The court ruled that such breaches are non-cognizable offenses, meaning they do not warrant immediate police action or arrest without

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Calcutta High Court Orders Safe Return of Displaced Persons Following Post Poll Violence

Background In response to widespread reports of violence following the recent elections in West Bengal, the Calcutta High Court has issued a directive to the state government to ensure the safe return of individuals who were displaced during the clashes. The violence erupted in various parts of the state, leading to significant displacement and distress

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Kerala High Court Rules on Reopening Assessments in Block Period of Six Years

In another important ruling, the Kerala High Court has held that the Assessing Officer (AO) is not empowered to reopen assessments for a block period of six years in the absence of incriminating materials. This judgment reaffirms the necessity of substantial evidence before reopening previously settled tax assessments. Background The case involved a taxpayer whose

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