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Let's talk Law
Introduction: The Karnataka High Court has declined to transfer ongoing divorce proceedings from the Senior Civil Judge and JMFC at Anekal, Bengaluru Rural, to the Principal Judge, Family Court at Bengaluru, observing that the wife’s petition, filed five years after the institution of the matrimonial case and four years after she entered appearance, demonstrated acquiescence […]
Introduction: The Karnataka High Court has refused to quash a criminal case registered against the promoters of Tanvi Fitness Private Limited, the company managing the ‘MyFitness’ brand, over allegations that they induced Mensa Brand Technologies Pvt. Ltd. to invest ₹143 crore by concealing restrictions on the company’s trademark rights. The Court held that the existence […]
Introduction: The Madhya Pradesh High Court has held that the death of a minor by suicide, even when accompanied by a suicide note naming certain individuals, does not automatically establish the offence of abetment of suicide under Section 107 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The prosecution must still disclose the essential ingredients of […]
Introduction: The Punjab and Haryana High Court has clarified that an accused facing criminal charges that do not carry a punishment of imprisonment for ten years or more cannot be declared a “proclaimed offender” under Section 84(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court held that in such cases, the accused may, […]
Introduction: The Jammu & Kashmir and Ladakh High Court has clarified that the inherent powers preserved under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), cannot be used as a substitute for a second revision petition when the law expressly prohibits such a remedy. The Court further held that although Section 528 BNSS […]
Introduction: The Karnataka High Court has held that making unsubstantiated allegations of mental disorder or absent-mindedness against a spouse can amount to legal cruelty, particularly when such allegations undermine the person’s dignity, reputation and right to live peacefully in society. The Court emphasised that accusations concerning a person’s mental health cannot be made casually in […]
Introduction: The Madhya Pradesh High Court has held that allegations questioning a mother’s character or personal conduct, by themselves, cannot establish that a minor child is being wrongfully confined so as to justify the issuance of a search warrant under Section 97 of the Code of Criminal Procedure, 1973 (CrPC). The Court emphasised that a […]
Introduction: The Kerala High Court has reaffirmed that statutory restrictions imposed on investigative agencies cannot take away or dilute the constitutional powers of a High Court under Article 226 of the Constitution of India. Where the materials placed before it disclose a cognizable offence warranting investigation, the High Court retains the authority to direct registration […]
Introduction: The Patna High Court has held that family members of a person accused of contracting a second marriage while concealing an existing marriage cannot automatically be prosecuted under Sections 495 and 496 of the Indian Penal Code (IPC). The Court clarified that these provisions primarily address the individual who contracts the subsequent marriage under […]
Introduction: The High Court of Jammu & Kashmir and Ladakh at Jammu has held that a person’s claim to inherit a deceased father’s property cannot be rejected as time-barred merely because an adverse revenue entry was recorded during their childhood. The Court emphasised that limitation does not begin to run simply because a person’s inheritance […]
Introduction: The Delhi High Court has reaffirmed that drivers have a continuing duty to remain alert to pedestrians, anticipate unpredictable road situations and keep their vehicles under control, particularly in crowded areas. The Court observed that it would be “extremely fanciful” to assume that a driver travelling through a busy area would not encounter pedestrians […]
Introduction: The Andhra Pradesh High Court has reaffirmed an important constitutional principle that executive authorities remain bound by judicial orders even during the Model Code of Conduct (MCC) imposed for elections. The Court held that restrictions associated with the electoral code cannot be used as a ground to obstruct the implementation of a promotion granted […]
Introduction: The Delhi High Court has held that the mere production of a photocopy of an insurance cover note is insufficient to establish the existence of a valid insurance policy covering a vehicle involved in a road accident, particularly when the insurance company produces evidence disputing the document’s authenticity. The Court clarified that although motor […]
Introduction: The Supreme Court of India has reaffirmed the binding nature of a resolution plan approved by the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code, 2016 (IBC), holding that the CoC cannot withdraw its approval of a resolution plan after submitting it to the National Company Law Tribunal (NCLT) for approval merely […]
Introduction: The Bombay High Court has taken a firm stand against the unauthorised recording of judicial proceedings, ordering the seizure of a mobile handset used to record a court hearing and imposing costs of ₹10,000 on an advocate’s clerk and ₹25,000 on the junior advocate who had allegedly instructed him to make the recording. The […]
Introduction: The Jammu & Kashmir and Ladakh High Court has held that a postal receipt, standing alone, is insufficient to establish that a court summons was duly served on its intended recipient. The Court emphasised that before drawing a presumption of service under Section 27 of the General Clauses Act, 1897, and Section 114 of […]
“While the law of competition may be sometimes hard for the individual, it is best for the race, because it ensures the survival of the fittest in every department.” – Andrew Carneige The tussle between Epic games and Google started way back in the U.S., wherein the biggest gaming giant on August 2020, approached the […]
The Supreme Court today issued a notice on the petition filed by the top woman wrestlers of India seeking registration of FIR against a BJP MP as well as the wrestling federation of India’s president Brij Bhushan Sharan Singh for alleged sexual harassment. Advocate Kapil Sibal appearing for the petitioners stated that the woman wrestlers […]
“The sovereignty of scriptures of all religion must come to an end if we want to have a united integrated modern India.”– Dr. B.R Ambedkar In the case of Farhan Tasaddukhussain Barodawala v. Onali Ezazuddin Dholkawal, Allahabad High Court imposed cost of rupees 25,000 on petitioners who were objecting on the fact that how a […]
Reported By: Ankita Bhardwaj The case of KUSH KALRA v. UOI & ANR has brought forward the interesting notion of barring the entry of married men and women in Judge Advocate General (JAG) claiming it in the benefit of public interest and national security. A PIL is filed against the policy by Kush Kalra seeking the […]
“We direct all High Courts to establish online RTI portals within 3 months from today. High Courts can formulate adequate provisions to facilitate the supply of adequate information. Information is to be passed onto the secretary generals of High Courts for administrative directions from the Chief Justices (of High Courts). The same directions are to […]
Introduction: The Calcutta High Court recently upheld an industrial tribunal’s ruling that an accountant, Dulal Chatterjee, was a ‘workman’ under the Industrial Disputes Act, 1947, dismissing a writ petition filed by Swarnakshar Prakasani Pvt. Ltd. The case arose when Chatterjee was terminated from employment in July 2013, leading to a legal dispute over whether his […]
The Madras High Court in the case of G Sundararajan v The Secretary held that the exemption from payment of entertainment tax is just a concession by the government and cannot be claimed as a right. The court thus refused relief to the producer and distributor of the 2015 Tamil film, “I” which was claimed […]
The Karnataka Appellate Authority of Advance Ruling (AAAR), in the case of Myntra Designs Private Limited modified the decision of AAR, has observed, “input tax credit (ITC) is not available on the vouchers and subscription packages procured by Myntra from third-party vendors.” They relied on the judgement of the Karnataka High Court in the case […]
