Bringing you the Best Analytical Legal News
Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute, holding that the allegations under Section 498A IPC disclosed a prima facie case of cruelty, while the prosecution under Section 406 IPC could not be sustained for want of entrustment.
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Punjab and Haryana High Court applied the twin conditions under Section 45 PMLA and the triple test for bail, finding no reasonable grounds at this stage to believe that the developer was not guilty of money laundering.
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Delhi High Court set aside a Section 12-A exemption order, holding that defendants must be heard and the plaint must be examined to determine whether urgent relief is genuinely contemplated
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The High Court directed further investigation through the specialised cyber-forensic machinery under the supervision of the Deputy Commissioner of Police/Specialised Cyber Cell.
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Mere display of the Flag with the saffron band downward, without material indicating a deliberate intention or mens rea to show disrespect, does not constitute an offence; accidental or inadvertent acts are not punishable under the provision.
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Delhi High Court reiterated that the victim is entitled to participate at all stages of criminal proceedings, including the hearing of a regular bail application.
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The Court, considering the evidence on record, concluded that the plaintiff was entitled to a decree for money, therefore awarded the payment of ₹47,00,000 with interest at the rate of 10 per cent per annum from the date of institution of the suit until repayment.
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While opining that the challenge to the EC Act, 2023 does not merit reference to larger Bench, Justice Datta also remarked on the nuances and challenges of the Collegium System to appoint High Court and Supreme Court Judges.
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In the present case, a dispute arose as to whether Orica shotfirers working at black coal mines were “eligible employees” under the coal industry’s portable long service leave scheme. The dispute turned on the interpretation of the statutory definition of “eligible employee” and the operation of an exclusion relating to shotfiring services.
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The Court remarked that, “State Bar Council being regulatory body has the heavy burden to see that junior advocates are paid stipend for maintaining their expenses and transportation.”
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The Court granted ad interim relief to a pharmacy institution that had obtained approval from the Pharmacy Council of India but was unable to participate in the Central Admission Process owing to the State’s prohibition on establishment of new B. Pharmacy and D. Pharmacy institutions for the Academic Year 2026-2027.
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The case arose from an incident at Jawaharlal Nehru University (JNU) involving alleged vandalism of its Facial Recognition Technology system. Eight students were accused of supporting the protesters by cheering, clapping and sloganeering and were subsequently fined ₹19,000 each for indiscipline.
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The Court held that freezing of a person’s bank account and restricting them from making any transactions impacts the person’s right to earn livelihood and to carry out business transactions, which falls within right to life guaranteed under the Constitution.
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Opining that the petitions raise substantial questions of law related to the vires of Sections 7, 6 and 8, Election Commissioners Act, 2023, Justice S.C. Sharma also remarked that arguments on parallels between the Collegium system and appointment of Election Commissioners were neither a criticism of the Collegium system nor initiating any debate regarding the manner in which the system of selection has worked.
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Delhi High Court grants Mankind Pharma an ex parte ad interim injunction against use of Florakind, Coskind, Etorikind and other “Kind”-formative marks in relation to pharmaceutical products.
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Punjab and Haryana High Court examined whether a civil suit seeking partition, separate possession and rendition of accounts could proceed where an arbitration agreement covered division of the family properties.
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“The case of the Revenue, which is based on documents retrieved from CPUs, computers or pen drives and various statements recorded during the course of investigation, which have been found to be inadmissible as evidence, to allege clandestine removal of goods, cannot be sustained.”
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The petition relates to seeking continuation of maintenance under Section 127 CrPC for a son who, after attaining majority, continues to suffer from 70—75 per cent orthopaedic disability and remains unable to maintain himself.
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The Court held that the application filed for appointment of sole arbitrator under Section 11(6), Arbitration and Conciliation Act, 1996, is maintainable as the requirement of notice under Section 21 becomes unnecessary where the petitioner had already disclosed all details in a prior civil suit and the respondent had responded by filing a Section 8 application acknowledging that the dispute must be resolved via arbitration.
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A GST classification dispute arose over the licensing of copyright in cinematographic films and whether such film content could fall within “information technology software” for taxation purposes.
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