Abetment of Suicide | ‘Frustrated on account of work pressure’; SC quashes case under S. 306 IPC
“The deceased was frustrated on account of work pressure and was feeling the pressure of working in two different districts.”
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Married lady staying in the house of father’s friend of different religion, after being left by husband, does not amount to adultery: Patna High Court
“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”
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Procedure u/s 313 CrPC must be couched in a form which an ignorant or illiterate person can understand: Meghalaya HC
“Section 29 of the POSCO Act cannot be interpreted to say that just because a charge-sheet is filed, the onus shifts on the accused to prove his innocence against the accusation.”
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‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
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Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish
The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.
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[Rarest of rare case] Orissa Court awards death sentence to five for chopping hands, legs and committing spine-chilling murder
“The series of inhuman acts involved extreme brutality and exceptional depravity and the crime was committed in an extremely brutal, grotesque, diabolical, revolting and dastardly manner.”
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Supreme Court upholds Delhi HC Judgment granting 1 mark to judiciary aspirant due to changed answer in DJS-2023
The Petition candidate got 160.25 marks in the DJS preliminary examination however, last cut off was 160.75 marks.
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Merely writing the expression “Yes” cannot be considered a valid approval u/s 151 of Income Tax Act 1961: Delhi High Court
“The satisfaction arrived at by the prescribed authority under Section 151 of the Income Tax Act, 1961 (‘the Act’) must be clearly discernible from the expression used at the time of affixing its signature while according approval for reassessment under Section 148 of the Act.”
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NCLAT rules on Secured Creditor’s right to choose method of debt realisation
NCLAT stated that since the IBC overrides the SARFAESI Act, the Liquidator ought not to prefer a petition, based on the SARFAESI Act, and therefore Liquidator’s decision to classify the appellant as an unsecured financial creditor was illegal and invalid.
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Supreme Court suspends sentence of murder convict in custody for past 14 years
The convict was charged with offence under Sections 147, 148, 302 read with Section 149 of the Penal Code, 1860.
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‘Ghee’ is a livestock product and can be regulated under AP (Agricultural Produce and Livestock) Markets Act: SC upholds Andhra Pradesh HC Judgment
Supreme Court said that the argument that “ghee” is not a product of livestock is baseless and bereft of any logic, as Cows and buffalos are the livestock. Thus, “ghee” is a product of milk, which is a product of the livestock.
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Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation
Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.
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Does Section 125, CrPC envisage any claim of maintenance for daughter-in-law against her parents-in-law? Karnataka HC answers
The High Court answered the question in negative pointing out that Section 125, CrPC envisages that wives, parents and minor children can claim for maintenance.
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‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State
“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”
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General or evasive denial not sufficient; Supreme Court advocates for para-wise reply to plaint
The Supreme Court was dealing with a matter pertaining to the genuineness of a registered Will executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter.
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Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench
“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”
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‘Not a case of innocent adoption’; Delhi High Court rules in favour of Hero Investcorp for mark ‘HERO’ in relation to engine oil
“The findings of the reports of the Local Commissioners also clearly indicate that defendants are actively involved in the sale, distribution, and manufacturing of counterfeit HERO Oil, thereby infringing upon plaintiffs’ registered HERO marks.”
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Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway
The gangway collapsed and the marine pilot fell from the gangway onto the wharf, which resultantly crushed and severely fractured his left-hand wrist.
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True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC
“Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the Court and the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination.”
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[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
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