Current Legal Update

Mumbai Bus Strike Looms: Private Operators, School Buses Affected, Are Labour Laws Applicable?

An uncertain bus strike in recent weeks was thrown by private operators in Mumbai and including school bus services, which were wiped out indefinitely only to be stopped based on government persuasion. Nationwide havoc could have been caused as a result of the proposed strike that was triggered by complaints about e-challans and infrastructure. This gives both short and medium term respite but poses serious questions about how labour laws apply to such important providers of transportation services and whether they should be enforced in the first place.

High court

Bike Taxis a Necessity, Not Luxury: Taxi Welfare Association Challenges Karnataka’s Ban in High Court

The Karnataka Taxi Welfare Association has taken serious legal objections toward the ban of bike taxis by the state government. Citing these services as a life necessity due to the cheap and effective last-mile connection, especially to daily commuters, the association holds that the ban is unjust to our lives and access to a vital mode of transport. This paper examines the different aspects of this currently raging courtroom battle and brings out the arguments that have been put forth by both parties and the possibilities of what this may portend as far as the future of urban mobility is concerned in Karnataka.

Supreme Court

Unpacking Bank Fraud Cases: A Judgment by Justices M.M. Sundresh and Rajesh Bindal

In this article the author analyzes a landmark Supreme Court of India case on the issue of quashing criminal proceedings emanating out of bank fraud. The Court explains the difference between the administrative activities of banks implemented in accordance with RBI Master Directions and a criminal inquiry, and the fact that the quashing of the former will not nullify a criminal proceeding as such. It emphasizes the inapplicability of natural justice during the process of filing FIR and remits cases to be remanded back to be decided afresh.

Supreme Court

The Supreme Court’s Stance on Tender Cancellation: Insights from Justices Trivedi and Varale

This paper will analyse a ruling of the Supreme Court that was given against a ruling of the High Court in a case that concerned cancellation of a government tender. It notes how the Court has attached importance to issues of public interest, administrative discretion and little judicial review in contractual circumstances, particularly in the event of the unavailability of mala fides.