Author: Anvita Dwivedi
In a significant judgment clarifying the scope of economic freedom guaranteed under the Constitution, the Supreme Court has held that the fundamental right to practise any profession or carry on any occupation, trade or business under Article 19(1)(g) necessarily includes the right to discontinue or permanently close a business. Delivering an important exposition on the constitutional dimensions of commercial liberty, a Bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra observed that if an entrepreneur enjoys the freedom to establish and conduct a business, that freedom must logically extend to the decision to cease operations when continuation becomes commercially…
The Delhi High Court has stepped into an increasingly contentious debate surrounding the Central Board of Secondary Education’s (CBSE) On-Screen Marking (OSM) system after issuing notice to the Union Government and CBSE on a petition seeking an independent inquiry into alleged irregularities in the evaluation of Class XII answer sheets. The proceedings have brought into focus a larger question confronting educational institutions across the country: how should transparency and accountability be maintained when critical academic decisions are increasingly driven by technology? The matter reached the High Court through a petition filed by the National Students’ Union of India (NSUI), which…
Justice Gautam S. Patel, a highly respected retired judge of the Bombay High Court, retirement has turned into a cross-border nightmare. For nearly ten months, Justice Patel and his family have been the targets of a terrifying, calculated campaign of extortion, stalking, and physical violence playing out across India and the United Kingdom. Due to a landmark legal verdict he delivered just days before his retirement in April 2024, settling a bitter, decade-long succession battle within the million-strong Dawoodi Bohra community. In 2014 the death of Syedna Mohammed Burhanuddin, the 52nd spiritual leader (Dai al-Mutlaq) of the Dawoodi Bohras. A…
In a significant judgment that may influence future recruitment policies across police and uniformed services, the Supreme Court has held that a consensual premarital physical relationship between two unmarried adults cannot, by itself, be treated as evidence of poor moral character. Setting aside the cancellation of a police constable candidate’s selection, the Court observed that personal relationships between consenting adults cannot become a basis for denying public employment unless they involve conduct prohibited by law or reveal a genuine lack of integrity relevant to the post in question. The ruling arose from a challenge to the decision of the Telangana…
In an unexpected highly turn of events inside a courtroom, the Kerala High Court has ordered a full-scale registry probe, backed by CCTV analysis, to hunt down an anonymous advocate. The lawyer’s unauthorized approach to a six-year-old boy during a custody battle left the child deeply traumatized and effectively paralyzed a scheduled judicial interaction. A Division Bench comprising Justice J. Nisha Banu and Justice Shoba Annamma Eapen took a deep view of the structural breach of ethics, noting that the unnamed lawyer’s actions seemed to carry suspicious undertones. The Bench observed: “The lawyer, who unauthorisedly approached the child in the…
In a significant development for insolvency law, banking litigation, and commercial dispute resolution, the Supreme Court has referred to a larger Bench a crucial question that has generated conflicting judicial opinions across the country: whether the moratorium available under the Insolvency and Bankruptcy Code (IBC) completely bars cheque dishonour proceedings under Section 138 of the Negotiable Instruments Act (NI Act) against company directors and other natural persons. The reference has the potential to settle one of the most important legal controversies arising from the intersection of insolvency law and criminal liability. The issue arose before a Bench comprising Justice J.B.…
In a significant ruling at the intersection of free speech, criminal law, and digital accountability, the Uttarakhand High Court has declined to quash two FIRs registered against former BJP MLA Suresh Rathore over controversial social media posts that allegedly linked senior BJP leader Dushyant Kumar Gautam to the high-profile Ankita Bhandari murder case. While granting relief in respect of certain proceedings, the Court refused to interfere with two FIRs that it found disclosed prima facie allegations warranting investigation, observing that attempts to malign an individual’s reputation by connecting him to a concluded criminal case raise serious concerns requiring judicial scrutiny.…
In a significant development highlighting judicial intolerance towards non-compliance by public authorities, the Supreme Court has issued a contempt notice to the Acting Director of the All India Institute of Medical Sciences (AIIMS), New Delhi, over the institution’s failure to file an affidavit despite repeated directions from the Court. The order underscores a principle that courts have repeatedly emphasized in recent years: compliance with judicial directions is not optional, particularly for public institutions entrusted with constitutional and statutory responsibilities. The proceedings arose during the hearing of an ongoing matter concerning the functioning and administration of AIIMS, where the Supreme Court…
In a significant judgment that is likely to reshape the trajectory of indirect tax litigation across the country, the Supreme Court has held that disputes concerning the “excisability” or “taxability” of goods under the Central Excise Act fall within the exclusive appellate jurisdiction of the Supreme Court and cannot be entertained by High Courts. The ruling not only resolves a long-standing jurisdictional debate but also provides important clarity on the relationship between questions of manufacture, taxability, and the statutory appellate framework under the Central Excise Act, 1944. The judgment was delivered by a Bench comprising Justice J.B. Pardiwala and Justice…
In a development that has brought renewed attention to the darker side of assisted reproductive technologies, the Supreme Court has sought the response of the Union Government after concerns were raised regarding the possibility of child trafficking networks operating through IVF clinics, Assisted Reproductive Technology (ART) centres, and surrogacy facilities. The issue surfaced during the Court’s continuing monitoring of a large child trafficking case, where the amicus curiae highlighted serious regulatory gaps that could potentially be exploited for illegal procurement, transfer, and sale of children under the guise of fertility treatment and surrogacy arrangements. The matter came before a Bench…