Coparcener/co-sharer cannot alienate specific piece of Joint Family Property without Partition: MP High Court
Madhya Pradesh High Court upheld orders restraining the petitioners from raising construction on the disputed land.
Continue readingHigh Courts
[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC
In the present case, the FIR refers to the notice dated 25-04-2022, which reads that the petitioner conveyed the first communication of Talaq by pronouncing the word ‘Talaq’. It nowhere mentions that the Talaq had become irrevocable, or it had the effect of instantaneous divorce.
Continue reading
MP High Court approves Synchronization of ICJS with SANDES APP for enhanced Criminal Justice System
The Court scheduled the matter for 16-10-2024, with directions to NIC Team to submit the concept note with further developments.
Continue reading
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.
Continue reading
Bombay HC directs deletion of offending post on YouTube against Malabar Gold Ltd. for being per se defamatory and reckless
Several defamatory statements were made against Malabar Gold Ltd. by Respondent 1 on his YouTube channel titled “Marunadan Malayali”.
Continue reading
“Advocates can’t pressurise Courts to pass favorable orders”; MP High Court condemns Counsel’s ‘fee recovery from client’ comment
“After realizing that the Court may not pass a favourable order, if an attempt is made by a Lawyer to seek adjournment, then it is a glaring example of Bench hunting.”
Continue reading
“Accused’s right to lead defense evidence cannot be curtailed”; J&K High Court sets aside conviction; remands Acid Attack case to Trial Court
“Right to fair trial, presumption of innocence unless proven guilty and proof by the prosecution of its case beyond any reasonable doubt are the fundamentals of our criminal jurisprudence.”
Continue reading
J&K High Court awards Rs. 20 Lacs compensation for electric shock induced permanent disability
The Court noted that the electric shock resulted in the petitioner having a 75% disability from orthopedic side and 15% deformity disability.
Continue reading
Bombay HC upholds validity of Regulation 10 of Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017
The Court opined that Regulation 10 permitted only Fellow Members to apply for Certificate of Practice because Fellow Members possessed higher qualifications than Associate Members by passing additional examinations and there is not only an intelligible differentia between Associate Members and Fellow Members but there is a rational nexus to the object sought to be achieved by the said classification.
Continue reading
Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s
Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.
Continue reading
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Continue reading
‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores
“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”
Continue reading
Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool
The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.
Continue reading
‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo
The Court said that the disposal letter by the Railways neither suggested that any effort was made nor provided any measure to help evade such fatal situations in the future.
Continue reading
‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC
The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.
Continue reading
Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs
Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.
Continue reading
Bombay High Court takes suo motu cognizance of Nagpur Airport’s daily closure for 8 hours
The Court appointed Advocate Kartik N Shukul as an Amicus to assist the Court and requested him to frame an appropriate petition within a period of one week from the date of the present order.
Continue reading
Registering Authority debarred from examining nature of right, title and character in sale-deed presented for registration; cannot refuse to register sale deed: Jharkhand HC
If the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Registering Authority cannot refuse to register the deed.
Continue reading
Protection and Welfare of J&K’s Ancient Hindu Temples| J&K High Court dismisses PIL as withdrawn; grants liberty to file fresh PIL
The petitioner prayed to withdraw PIL with the liberty to file a fresh, as the petitioner wants to file a detailed representation before the concerned authorities regarding specific instances of temple property encroachment by the Mafia.
Continue reading
‘Son did not think twice before killing his creator’; Orissa HC upholds man’s conviction for strangulating and beheading mother
The minor child, grandson of the deceased provided clear and cogent evidence being the sole eye-witness, stating that his father had strangulated the neck of the deceased for which the deceased struggled for life and then she became calm.
Continue reading