NHRC to hear complaint on prevalent malnutrition in over 47,000 children in Telangana
The NHRC addressing an intimation letter to the Chief Secretary, Government of Telangana, further sought an Action Taken Report in the matter.
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‘Procedure under S. 174 BNSS not followed’: Karnataka High Court quashes criminal proceedings in ‘Matka’ gambling case
“It is to be noted that even though Nagarik Suraksha Sanhita, 2023 came to force from 1-7-2024, till today no rules are framed by the State. It is expected that State would take necessary steps in this regard at the earliest.”
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Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty: Bombay HC
“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
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‘Mystery behind missing kidney’; Punjab and Haryana HC directs police probe into suspicious death of 22-year-old girl with missing kidney at HMC Hospital
“It is not under dispute, rather it is clearly voiced in the post-mortem report that, the left kidney of the deceased was not traceable. The truth behind this missing kidney is yet a mystery, which has never been inquired or investigated into.”
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Madras HC sets aside seizure order for non-compliance with S. 115(4) of Trade Marks Act; Orders interim release of 1,350 rice bags
“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”
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‘No service tax to be paid on upfront fee/premium for agreement to lease’; CESTAT sets aside penalty on DMRC
“At the time of executing the Concession Agreements with developers, DMRC had collected “upfront fee” as a price for obtaining the respective Concession Agreements.”
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Complainant’s refusal to undergo medical exam despite alleging sexual assault weakens prosecution’s case: Delhi HC grants anticipatory bail to accused
The complainant, being a well-educated woman, preparing for Ph.D. entrance, cannot be considered a gullible or uninformed individual, and her conscious refusal to undergo medical examination despite the nature of allegations, is a relevant factor in the investigation.
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‘Clear case of malfeasance by the Returning Officer’: Uttaranchal HC stays disqualification of Pradhan candidate over toilet location
“Right to contest the elections is a statutorily guaranteed right, and the same cannot be denied in a completely arbitrary manner and which prima facie appears to be illegal.”
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Supreme Court dismisses Hindustan Motor’s petition against resumption of 395 acres of land by West Bengal Government
In July 2022 State of West Bengal had expressed its intention to resume the 395 acres of land and called upon the petitioners to furnish project plan for the proposed EV project detailing requirement of the land and justification. By an order dated 9-11-2022, State had resumed 395 acres of land.
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‘Burden of proving customer’s liability in unauthorized e-banking lies upon bank’; Allahabad HC denies relief to businessmen claiming wilful transaction as cyber fraud
“It can be discerned that there has been no embezzlement of funds as every transaction was within the knowledge of petitioners.”
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Employer liable when former employee forced to reveal defamatory termination reasons; Delhi HC directs Wipro to pay damages for defamation
Where the defamatory statement is repeated by the plaintiff while responding to employment inquiries or during job interviews, the defendant’s liability does not stand extinguished. Where the plaintiff has no meaningful choice but to disclose the defamatory rationale to prospective employers, such compelled republication imposes continuing responsibility upon the defendant.
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Elephant’s survival and right to quality life is above men’s right to use it for religious rites: Bombay HC
The Court stated that the petitioner fails to clarify how Mahadevi elephant was injured, but the likely cause is the placement of a heavy howdrah, which is used to carry people and loudspeakers during processions. This continued treatment is callous and brutal, and elephants do not deserve to be used to ferry weight humans and equipment.
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Delhi High Court directs MCD to act against unauthorized construction in Paharganj; Directs police to prevent further violations
The core issue in the case was the ongoing unauthorized construction at a property in Gali No. 9, Chuna Mandi, Paharganj, Delhi. The petitioner sought court directions to halt the illegal activity and ensure enforcement.
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NHRC to take up complaint regarding lack of government schools in 3,688 villages of Telangana
The NHRC also sought an Action Taken Report from the State on the complaint within one week.
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Bombay High Court dismisses PIL in Kolhapuri Chappal GI violation case against PRADA; Upholds proper statutory remedies
“Both the registered proprietors are well equipped to protect their rights flowing from registered GI in Kolhapuri Chappals by bringing action against PRADA, if they believe that PRADA is unauthorisedly using the registered GI.”
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‘Adjudicating authority cannot go beyond show-cause notice’; CESTAT sets aside order demanding Countervailing Duty on areca nuts processing machines
“Adjudicating authority has travelled beyond the classification proposed in the show-cause notice by classifying the product under a classification which was neither claimed by the appellant nor was proposed in the said notice.”
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Whether a Tribal Woman or her legal heirs will have any entitlement over equal share in ancestral property? Supreme Court answers
“One would think that in this day and age, where great strides have been made in realizing the constitutional goal of equality, this Court would not need to intervene for equality between the successors of a common ancestor and the same should be a given, irrespective of their biological differences, but it is not so”.
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“Severely impairs the honour attached to institution of Judiciary”: Haryana Court restrains liquor shop vend named ‘Court Complex’
“Naming a liquor vend as Court Complex Vend is disparaging to the institution of administration of justice.”
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Read why Gujarat HC upheld acquittal in SC/ST Atrocity Case over absence of ‘public view’ and ‘intentional insult’
“In an acquittal appeal if other view is possible, then also, the appellate court cannot merely substitute its view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, palpably wrong, manifestly erroneous or demonstrably unsustainable.”
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In absence of Waqf Tribunal, Civil Courts have jurisdiction to entertain waqf disputes: J&K and Ladakh HC
“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”
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