Bringing you the Best Analytical Legal News
Delhi High Court ruled that a daughter-in-law cannot continue occupying her sister-in-law’s property merely because she resided there with her husband. Once the husband’s permissive right ended, she had no independent right to remain in possession.
Continue reading
In a Section 9 plea under the Arbitration and Conciliation Act, 1996, the Court holds that the Heads of Terms constitutes a prima facie binding commercial arrangement warranting interim protection, leaving questions of enforceability and entitlement to specific performance to the arbitral tribunal.
Continue reading
A party that initially chose a retired Judge as sole arbitrator cannot later insist that only a technical expert can adjudicate because the dispute is factual in nature — the Kerala High Court directed the KHHAC to nominate a former Judge as presiding arbitrator, leaving it open to the tribunal to seek expert assistance on technical issues.
Continue reading
The Bombay High Court granted leave to enable institution of a suit seeking protection against alleged infringement of Preity Zinta’s personality rights, copyright and reputation through AI-generated deepfakes, manipulated images, chatbot personas and other digital content disseminated online.
Continue reading
The High Court held Clause 6.7 of the KERC Captive Verification Procedure introducing a dynamic “Unitary Qualifying Ratio” based on actual consumption contrary to Rule 3 Electricity Rules, 2005 and the proportionality benchmark laid down by the Supreme Court in Dakshin Gujarat Vij Co. Ltd. v. Gayatri Shakti Paper and Board Ltd..
Continue reading
The Court held that landowners are entitled to compensation for land acquired for a service road in a National Highway widening project and directed payment of the compensation amount, holding the denial of compensation for such land to be arbitrary.
Continue reading
“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”
Continue reading
In medical emergencies where overcrowding, waiting periods and urgency compel patients to the nearest hospital regardless of empanelment status, a blanket rejection on procedural grounds violates the constitutional promise under Article 21, the Court directed independent reconsideration of each claim within four weeks with 6% interest.
Continue reading
Jharkhand High Court, in a petition concerning welfare measures for practising advocates, observed that State resolutions and budgetary allocations for health insurance were already in place, and held that the reliefs prayed for stood substantially worked out.
Continue reading
The Court altered the conviction from Section 20(b)(ii)(C) to Section 20(b)(ii)(B), NDPS Act, after the prosecution failed to prove joint possession of the total quantity of ganja recovered under 2 seizure lists and, treating the seizures separately and below commercial quantity.
Continue reading
In the present case, the petitioner was convicted in three separate cheque dishonour cases under Section 138 of the Negotiable Instruments Act arising from a single loan transaction and was sentenced to pay substantial fines, with three months’ simple imprisonment in default in each case.
Continue reading
Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to
Continue reading
The legislative intent behind Section 122(1-A) of the Act of 2017 is solely to identify the person at whose instance the violations took place and if the person had retained the benefits, the person would be liable to a penalty as mentioned therein.
Continue reading
“Addressing the apprehension of auction sale of an arrested vessel, the Bombay High Court held that in view of the earlier auction process having failed due to technical reasons and the petitioner having made out a strong prima facie case, no auction of the vessel would be permissible at this stage.”
Continue reading
In the present case, the Allahabad High Court examined a challenge to a murder conviction, focusing on how much weight should be given to witness statements recorded at different stages of the trial, including those made before the accused was summoned.
Continue reading
The Court noted that the accused prescribed the fixed dose compound to the children below the age of 4 years, which was banned by the Government Circular, due to which many innocent children died.
Continue reading
The Court held that welfare of the child remains the paramount consideration, but such welfare must be assessed after considering all relevant facts and circumstances rather than through a summary determination based on affidavits.
Continue reading
Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.
Continue reading
The Delhi High Court while allowing a rectification petition filed by Renee Cosmetics (P) Ltd held that the mark “GLASS SKIN” is descriptive of skincare products and directed cancellation of its trade mark registration, finding it hit by Section 9(1)(b), Trade Marks Act, 1999.
Continue reading
The High Court held that once a final decree has been passed, the said decree can neither be amended nor revised, and the only remedy available to a party is to challenge the decree under the appropriate provisions of law.
Continue reading