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Kerala High Court emphasised that disputed factual allegations must be adjudicated by the jurisdictional Magistrate based on evidence and cannot be determined through a mini trial while exercising inherent jurisdiction under Section 528, BNSS.
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The High Court noted that mere possession of the books with dispiriting titles does not ipso facto make the petitioner/ detenue a criminal against whom the preventive detention was required to be invoked.
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The Court held that the pending applications for enrolment as an advocate, with Rajasthan Bar Council, due to Bar elections, affects the right of livelihood of the applicants and thus, directed to dispose of all the pending applications.
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The Court issued guidelines stating conditions to be followed by the banks and investigating officers with respect to freezing, lien, hold, or seizure of bank accounts in cyber financial crime investigations, directing the respondents to review the restraints imposed on bank accounts in the light of given directions.
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Delhi High Court directed Bombay Shaving Company to take down its Switch4 advertisement after finding its portrayal of Court proceedings objectionable and later rejected the amended advertisement proposed by the Company in Gillette’s disparagement suit.
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The Court released the petitioner-accused on bail, observing that the case substantially rested upon the statutory presumption under Section 35, Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) and such presumption is rebuttable. The Court specified that, in cases involving commercial quantity under the NDPS Act, the twin test contained in Section 37 remains mandatory.
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The question before the Court was whether candidates who had obtained their preceding degrees through open or correspondence mode but subsequently completed a 3-year regular LLB from recognised universities, could be provisionally enrolled as advocates pending final adjudication on Rule 5, Rules of Legal Education, 2008.
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The Kerala High Court held that a mere allegation of a false promise to marry by a woman in a subsisting marriage did not disclose the essential ingredients of an offence under Section 69 of the BNS and, consequently, quashed the FIR and all further proceedings.
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Supreme Court examined the legal effect of the Entitlement Rules 2008, their relationship with the 1982 Rules, the role of Medical Board opinions, and the shift in burden of proof after 15 years in disability pension claims.
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Delhi High Court held that the mere fact that the petitioner’s business is located in Delhi, or that FSSAI is situated in Delhi, would not confer territorial jurisdiction upon this Court when the impugned action has been initiated by the Maharashtra authorities and no substantial part of the cause of action has arisen within Delhi.
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The Court approved Amicus’s 11 condition framework for disposal of minerals from expired leases, holding the conditions mandatory, and permitted amalgamation of mining blocks with virgin forest land for auction, subject to strict statutory and environmental safeguards..
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The Court held that Mohammedan Law’s recognition of the mother’s custodial right up to puberty does not automatically render the custody of the minor with her grandparent wrongful.
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Law of limitation may harshly affect a particular party, but it has to be applied with all its rigour when the statute so prescribes.
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“The BNS by incorporating Section 69 brought in a separate offence carving out the fraudulent and deceitful conduct as spoken of therein from the grave offence of rape, while at the same time providing a penalty for the deceptive conduct alleged therein.”
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The Madras High Court also reiterated that an aggravated offence under Section 376(2)(f) IPC requires specific proof that the accused was in a position of trust or authority over the victim, which cannot be inferred merely from a relationship.
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The Court held that Talaq-E-Hassan remains a valid form of divorce and clarified that its registration is to be considered by the competent Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
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Supreme Court observed that while the accused being a teacher, needed to be more sensitive when dealing with young students, particularly girl students, his inappropriate conduct or use of corporal punishment, in the absence of the requisite sexual intent, could not by itself justify prosecution under the stringent provisions of the POCSO Act.
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United States District Court: The dispute arose from Minnesota’s enactment of HF 1606, an anti-nudification law regulating AI tools capable of generating
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It would only be appropriate to apply nexus test to overt acts and determine, if they are wholly or reasonably connected to discharge of official function by accused and by taking note of fact that Section 170 Karnataka Police Act, 1963 extends statutory protection even to reasonable excesses.
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The Court held that a cooperative bank cannot withhold gratuity indefinitely on the basis of administrative autonomy, or pending criminal proceedings when no applicable service rule authorises such withholding.
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