Legal Updates

Supreme Court Seeks Response On Challenge To Bar Council Election Restrictions
Supreme Court Seeks Response On Challenge To Bar Council Election Restrictions

The Supreme Court issued notice to the Bar Council of India on a petition challenging the validity of the 2016 BCI Rules that barred office bearers of district and High Court bar associations from contesting State Bar Council elections.

The petitioner, the District Bar Association, Bulandshahar, argued that the restriction was arbitrary and discriminatory because officers of the Supreme Court Bar Association faced no comparable bar.

The Bench of Justices Surya Kant and Joymalya Bagchi sought responses from the Bar Council of India and the Bar Council of Uttar Pradesh but declined to grant interim relief, allowing the impugned rules to remain in force. 

[District Bar Association Bulandshahar v Bar Council of India]

20 hours ago

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CMS IndusLaw Challenges BCI’s Foreign Law Firm Rules: Delhi High Court
CMS IndusLaw Challenges BCI’s Foreign Law Firm Rules: Delhi High Court

The Delhi High Court heard a petition filed by CMS IndusLaw challenging the Bar Council of India’s regulatory framework restricting the entry and practice of foreign law firms in India. Following an earlier challenge by Dentons Link Legal, this is the second major action by an Indian law firm contesting the Rules.

 The petitioner contended that the restrictions impose arbitrary barriers, violate constitutional rights, and hinder the development of international legal practice in India. The plea questioned the legality and proportionality of the BCI’s conditions governing foreign firms and sought judicial scrutiny of the regulatory scheme governing cross-border legal services.

[CMS IndusLaw v Bar Council of India]

23 hours ago

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Centre Mandates Parental Consent For Child Data Processing: Union Government
Centre Mandates Parental Consent For Child Data Processing: Union Government

The Union Government notified the Digital Personal Data Protection Rules 2025, introducing enhanced safeguards for the processing of children’s personal data.

The Rules require online platforms to obtain verifiable parental consent through reliable methods that confirm the parent is an identifiable adult. Significant Data Fiduciaries must conduct annual data protection impact assessments and independent audits to ensure compliance.

In the event of a data breach, platforms must promptly notify affected users and the Data Protection Board of India, which will operate entirely through a digital mechanism. The Rules aim to strengthen accountability, transparency, and protection standards across all entities handling children’s data.

Read Details / 23 hours ago

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Companies Using Software for Business Efficiency, Not Consumer, Under The Act: Supreme Court
Companies Using Software for Business Efficiency, Not Consumer, Under The Act: Supreme Court

The Supreme Court held that a company purchasing software to manage or automate its business operations is not a “consumer” under Section 2(1)(d) of the Consumer Protection Act, 1986.

The case arose from a complaint alleging software malfunction, but the Court found that the program was used for export documentation, consignment tracking, foreign exchange management and statutory compliance, all directly linked to the company’s commercial activities.

The Bench ruled that such software is acquired for a commercial purpose and therefore falls outside the consumer definition. Since the dominant purpose was to enhance business efficiency, the company could not claim consumer rights.

[Poly Medicure Ltd v Vembu Technologies Pvt Ltd]

Read Details / 23 hours ago

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Bombay HC Says Recordings Of Live Streamed Videos Will Be Preserved Subject To Concerned Judge's Directive
Bombay HC Says Recordings Of Live Streamed Videos Will Be Preserved Subject To Concerned Judge's Directive

The Bombay High Court clarified that live‐streaming of court proceedings will take place only with the consent of the presiding judge(s).

A notice issued on November 10, 2025, reiterated that under Rule 5.1 of the Rules for Live Streaming and Recording of Court Proceedings, 2025, streaming is not automatic but depends on judicial approval.

It further stated that recordings will be stored or preserved only when specifically directed by the Court under Rule 7.4. The High Court emphasized that live-streaming is a facilitative measure governed by judicial discretion and procedural safeguards.

Read Notification / 3 days ago

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Owner Alone Liable To Pay Interim Compensation Under Motor Vehicle Act: Himachal Pradesh High Court
Owner Alone Liable To Pay Interim Compensation Under Motor Vehicle Act: Himachal Pradesh High Court

The Himachal Pradesh High Court held that only the owner of a motor vehicle is liable to pay interim compensation under Section 140 of the Motor Vehicles Act, 1988.

The Court clarified that such liability arises on the “no fault” principle and cannot be extended to the driver. The Court found that the Motor Accident Claims Tribunal erred in imposing joint liability on both the driver and owner.

Referring to Section 2(30) of the Act, the Court reiterated that the registered owner alone bears statutory responsibility for payment.

Accordingly, the Tribunal’s award was modified to fix sole liability on the vehicle owner for the interim compensation.

4 days ago

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Video Recordings of Proceedings Cannot Be Used as Evidence: Bombay High Court
Video Recordings of Proceedings Cannot Be Used as Evidence: Bombay High Court

The Bombay High Court dismissed a PIL seeking mandatory audio-video recording of Maharashtra Electricity Regulatory Commission (MERC) proceedings, holding that recordings of judicial or quasi-judicial proceedings cannot be used as evidence in any other court.

The Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad emphasised that recording court proceedings is prohibited, and open-court hearings already ensure transparency.

The Court observed that the PIL was filed out of personal grievance and amounted to private interest litigation, warning against the misuse of the PIL mechanism for publicity-driven motives.

[Kamlakar Ratnakar Shenoy v Maharashtra Electricity Regulatory Commission]

Read Details / 4 days ago

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Railways Liable Even for Deaths During Unauthorised Track Crossing: Madhya Pradesh High Court
Railways Liable Even for Deaths During Unauthorised Track Crossing: Madhya Pradesh High Court

The Madhya Pradesh High Court ruled that the Railways is liable to compensate victims even when deaths occur during unauthorised track crossing. The case involved the death of a 3-year-old child and two women who were run over by a train while attempting to rescue him.

The Court held that such deaths qualify as an “untoward incident” under Section 124-A of the Railways Act, 1989, entitling the victims’ families to compensation.

The Court observed that negligence of the Railways in failing to install fencing, barricades, security, or public warnings contributed to the tragedy, and such lapses cannot absolve it of statutory liability.

[Union of India v Sarita Ahirwar & Ors.]

Read Order / 4 days ago

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Adjournment Slips Without Stated Reasons Unacceptable: Delhi High Court
Adjournment Slips Without Stated Reasons Unacceptable: Delhi High Court

The Delhi High Court directed that adjournment slips submitted without stating reasons shall not be accepted by court officers.

 A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla observed that the existing adjournment slip format lacked a column for specifying reasons, terming it unacceptable. The Court issued the direction while hearing a matter in which a party sought an adjournment without explanation.

The Court further instructed the Registry to issue a revised adjournment slip pro forma with a separate column for disclosing reasons and ensure that such slips are uploaded on the Delhi High Court website.

[Lava International Ltd v Dolby International AB & Anr.]

Read Order / 5 days ago

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GST Registration Doesn’t Substitute Mandatory Trade Licence: J&K High Court
GST Registration Doesn’t Substitute Mandatory Trade Licence: J&K High Court

The Jammu & Kashmir and Ladakh High Court held that GST registration cannot substitute or override the requirement of obtaining a valid trade licence under relevant regulatory laws.

The Court clarified that while GST registration reflects tax compliance, it does not confer the right to conduct any business activity without proper authorisation.

Rejecting the petitioner’s argument that tax payment legitimised unlicensed trade, the Court termed such a claim “absurd” and reaffirmed that business operations must conform to statutory licensing norms.

Upholding the provisions of the J&K Brick Kiln (Regulation) Act, 2010 and Rules, 2017, the Court dismissed the petitions challenging the licensing requirement.

[Ravi Kumar v Union Territory of J&K & Ors.]

5 days ago

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Justice Ashok Bhushan Reappointed as NCLAT Chairperson: Central Government
Justice Ashok Bhushan Reappointed as NCLAT Chairperson: Central Government

The Central Government has reappointed former Supreme Court judge Justice Ashok Bhushan as Chairperson of the National Company Law Appellate Tribunal (NCLAT).

The Appointments Committee of the Cabinet approved his tenure extension until he attains the age of 70 on July 4, 2026.

Justice Bhushan, who has served as NCLAT Chairperson since November 2021, has presided over significant cases involving insolvency, corporate governance, and competition law.

A former Chief Justice of the Kerala High Court, he also served as a Supreme Court judge from 2016 to 2021.

Read Details / 8 days ago

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Freedom Fighters’ Pension Not Comparable to Compassionate Employment Benefits: Madras High Court
Freedom Fighters’ Pension Not Comparable to Compassionate Employment Benefits: Madras High Court

The Madras High Court ruled that divorced daughters are entitled to receive their parents’ freedom fighters’ pension, rejecting the Centre’s contention that only unmarried, dependent daughters qualify.

Justice V. Lakshminarayanan held that the pension represents national gratitude for sacrifices made during the independence struggle and cannot be equated with compassionate appointment schemes.

Setting aside the Centre’s refusal to transfer the pension, the Court directed authorities to release it to the divorced daughter of the deceased freedom fighter, observing that entitlement flows from recognition of national service, not marital status.

[Thillai Lokanathan v. Deputy Secretary, MHA]

Read Order / 9 days ago

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Law Firms Must Verify Case Law Status Before Citing, Senior Advocates Exempted: Delhi High Court
Law Firms Must Verify Case Law Status Before Citing, Senior Advocates Exempted: Delhi High Court

The Delhi High Court, per Justice Purushaindra Kumar Kaurav, held that briefing counsels and law firms are responsible for verifying the authenticity, finality, and pendency of case laws before citing them in court.

The Court noted that citing judgments under appeal, review, or pending proceedings without disclosure reflects a lack of candour and risks misleading the bench. It clarified that senior advocates engaged solely for arguments cannot be expected to perform such verification.

Accordingly, the duty to ensure the accuracy and finality of cited authorities rests on the briefing counsel or the instructing law firm.

[Renew Wind Energy Pvt. Ltd. v. Solar Energy Corporation of India]

Read Order / 9 days ago

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Delhi High Court Forms Panel to Strengthen Crowdfunding for Rare Disease Treatments
Delhi High Court Forms Panel to Strengthen Crowdfunding for Rare Disease Treatments

The Delhi High Court, presided by Justice Sachin Datta, constituted a four-member committee to enhance crowdfunding efforts for rare disease treatments under the National Policy for Rare Diseases, 2021.

The committee, chaired by Rajiv Bahl, V.K. Paul and Joint Secretary-level officers from the Ministry of Civil Aviation and Department of Public Enterprises.

The Court directed the committee to raise donor awareness, mobilise CSR funds, and monitor policy implementation through monthly meetings, stressing a humane and inclusive approach to rare disease management.

[Miss Kiara Rawat Through Mrs Lovely Gusain v Union of India & Ors.]

9 days ago

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Justice Sandeep Bhatt Sworn In as Madhya Pradesh High Court Judge
Justice Sandeep Bhatt Sworn In as Madhya Pradesh High Court Judge

Justice Sandeep N. Bhatt was sworn in as a judge of the Madhya Pradesh High Court following his transfer from the Gujarat High Court.

During the oath ceremony, Justice Bhatt said it was an honour to serve in the new court, adding, “I have come from the land of Lord Dwarkadhish and Somnath Mahadev to the land of Maa Narmada and Baba Mahakal to perform my pious obligations and constitutional duties.”

His transfer, recommended by the Supreme Court Collegium in August and notified on October 14, was earlier opposed by the Gujarat Bar, which had abstained from work in protest.

Read Order / 10 days ago

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