Supreme Court upholds protection from arrest for accused in Rs 6,000 Crore Ponzi Scam, Cites ED’s delay in responding to notice
Supreme Court observed that ED had ample time to file the counter affidavit.
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Swarn Rekha River Revival Project | MP High Court directs for synergy between State Government, Municipal Corporation & Counsels
The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.
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‘Upon detecting fraud, bank has implied duty to exercise reasonable care and take prompt action’; Delhi HC directs SBI to compensate loss of Rs. 2.6 Lakhs incurred by cyber fraud victim
‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’
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Meghalaya High Court denies relief to 5th semester law student falling short on attendance to take exams citing mandate of law
“Rule 12 of the Rules of Legal Education, 2008 shows that for a student who fails to attend 70% of the classes held in any subject, the Dean or the Principal may allow the student to take the Test, if the student concerned attended at least 65% of the classes held in the subject concerned, and attended 70% of classes on all subjects taken together.”
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Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case
It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.
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Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society
“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”
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‘Within precincts of RTI Act’; CIC upholds denial of information on blocking of X accounts covering farmer’s protests
The appellant sought information concerning blocking of social media accounts covering farmer’s protests and those critical of the government.
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Supreme Court stays Gujarat HC’s contempt proceedings against judicial officer
The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.
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Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
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Presumption under Section 20 PCA does not require bribe amount to be ‘substantial’; Operates only when there is no nexus between demand and action: SC
“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
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Gujarat HC set aside Tribunal’s order condoning delay of 22 years 8 months for vague & ambiguous reasoning akin to ‘non-speaking order’
The Tribunal in the impugned decision reasoned that- whenever Government for public purpose bifurcates districts, a complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years was made out.
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‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case
In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.
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Misuse of S. 111 BNS | SC stays arrest of YSR Congress Party’s social media head for 2 weeks
The petitioner alleged that S. 111 of Nyaya Samhita, 2023 is being misused as a tool to stifle the voice of the opposition party.
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Bombay HC restrains Chrome21 India from infringing Hind Rectifiers’s mark ‘HIRECT’; declares ‘HIRECT’ as a well-known trade mark
The rival marks are structurally, phonetically, and visually identical and/or deceptively similar when compared as a whole and the word ‘HIRECT’ is the important, prominent, and essential feature of the plaintiff’s registered mark.
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[Art. 311(2)(c)] Governor’s sanction without ‘subjective satisfaction’; Manipur HC upholds reinstatement of Sub-Inspector
“The Governor cannot just give assent by just writing “may be approved” without expressing subjective satisfaction as to the recommendation of the Committee of Advisors.”
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‘Army authorities chose to relieve themselves from onerous obligations’; Punjab and Haryana HC upheld disability pension of a soldier discharged from service on compassionate grounds
Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.
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‘Individual’s reputation integral part of personality, cannot be unjustly tarnished under guise of freedom of speech’: Delhi HC grants interim relief to Harsh Beniwal
“The video recorded by Defendant 1 is extremely offensive, sexually explicit, foul and filthy utterances were made in the said video by Defendant 1 against the plaintiffs, which per se shocks the conscience of the court.”
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Bombay HC grants temporary injunction to HDFC Life Insurance against an unknown person who sought to extort money by threatening to leak customer data
The data can be misused for a variety of purposes including for the purpose of impersonating applicant- HDFC Life Insurance Co. Ltd., which will involve infringement of applicant’s registered trade mark and passing off.
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SC denies retrospective promotion and notional benefits to superannuated employee under Rule 54(1)(a) of WB Service Rules
“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”
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Sale certificate to auction purchaser is mere evidence of title & does not require registration under S. 17(1) of Registration Act: SC reiterates
“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
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