Bringing you the Best Analytical Legal News
The High Court object of the moratorium is merely to postpone civil debt enforcement and not to shield an accused from criminal accountability arising out of dishonour of cheques.
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Kerala High Court held that in cases involving child victims, expressions used to describe the act of sexual assault must be interpreted in the factual context rather than through strict anatomical distinctions.
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Delhi High Court ruled that a caste-based insult under Section 3(1)(x), SC/ST Act must occur in a place within public view. Finding this essential ingredient absent, it set aside the charge and remanded the case for consideration under the IPC.
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Delhi High Court held that OpenAI’s use of ANI’s works for training ChatGPT’s LLMs is prima facie protected under fair dealing provisions of the Copyright Act and declined interim injunction.
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Neither a divorce nor a marriage can be conducted through a notarised agreement, the Madhya Pradesh High Court holds, dismissing a family pension claim by a man who could not prove he was ever legally married to a deceased Tribal Affairs Department employee.
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The Court observed that the relief sought by the petitioner seems to be in disguise as it tries to achieve approval indirectly, which it has failed to achieve directly.
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“The Court held that the salary certificate and pay slip, corroborated by the oral testimony of the dependants and co-workers, constitute reliable and corroborative proof of the income of the deceased and cannot be rejected merely on the ground that the author of such documents was not examined.”
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The Allahabad High Court held that the absence of specific casteist words in the FIR did not justify discharge where the Facebook post recovered during investigation and witness statements disclosed a prima facie case against the accused.
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The Jharkhand High Court held that where facts are disputed and official records contain discrepancies in an alleged custodial death, a judicial inquiry is mandatory to independently determine the truth and ensure accountability.
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The Court held that for the purpose of Section 9(1)(a), Trade Marks Act, 1999, the statutory inquiry is whether the applied mark possesses distinctive character and is capable of distinguishing the applicant’s goods from those of others. The Act does not prescribe uniqueness as a condition for registration.
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The allegations in the FIR, even if accepted in their entirety, do not disclose the commission of any offence, nor does the material collected during the investigation cure that deficiency. The continuation of such a prosecution, more than six years after the incident, would amount to an abuse of the process of the Court, warranting the exercise of the inherent jurisdiction under Section 482 CrPC.
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The Court held that the respondents-firm were “persons resident in India” and several FEMA Regulations relied upon by the Directorate of Enforcement became inapplicable. Since these Regulations govern transactions involving persons resident outside India, they could not be invoked against respondents who were legally resident in India under FEMA.
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Himachal Pradesh High Court upheld the acquittal in a snake-bite death case, ruling that criminal negligence cannot be inferred merely from a delay in taking the victim to a hospital. In the absence of medical evidence showing that timely treatment could have prevented the death, the prosecution failed to establish causation under Section 304-A IPC.
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Delhi High Court held that an EWS student may be required to repeat Class V under Section 16 of the RTE Act where repeated academic support fails to ensure foundational learning, while directing the school to continue all EWS entitlements.
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The Court observed that modern cooperative housing societies have evolved into self-contained entities providing numerous services and amenities, making timely payment of maintenance charges essential for meeting operational expenses and statutory obligations.
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Chhattisgarh High Court dismissed a writ petition seeking compensation for death due to electrocution while operating a domestic tullu pump, holding that the incident was not covered under the compensation scheme prescribed for specified electrical accidents.
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The Court held that the absence of blood and urine tests does not invalidate disciplinary proceedings and that the Drunkenness Certificate issued by the Medical Officer along with the Judicial Magistrate’s observations was sufficient to establish misconduct inside the Court hall.
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In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.
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Delhi High Court dismissed a Section 34 challenge after holding that an Arbitral Tribunal rightly refused to rely on a letter exchanged between the respondent and DFCCIL in separate arbitral proceedings. The Court ruled that permitting reliance on such material would undermine the statutory confidentiality regime under Section 42-A, Arbitration and Conciliation Act, 1996.
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The Court grants bail to the accused amid prolonged incarceration, defective investigation and uncertain identification of the accused.
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