law Archives

Chh HC | Whether in a criminal proceeding, S. 14(1) of Limitation Act, 1963 would be applicable? Court not to apply beneficent provisions in a pedantic manner

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can a generic expression be granted registration and/or protection as a trade mark under trade mark laws? IPAB explains if “N 95” is capable of being registered or protected as a trade mark

Intellectual Property Appellate Board (IPAB): The Bench of Justice Manmohan Singh (Chairman) and Lakshmidevi Somanath (Technical Member, Trademarks) and Makyam Vijay Kumar

Case Briefs High Courts

HP HC | Court while discharging its duties in exercise of powers conferred under Art. 226 r/w Art.227 of Constitution, cannot permit illegality to remain on record, especially in exercise of its power of superintendence

Himachal Pradesh High Court: Ajay Mohan Goel J., while allowing the present petition, set aside the orders of the preceding authority holding

Op Eds OP. ED.

Section 11 after 2019 Amendment Act – An Opportunity to Strengthen Institutional Arbitration in India

by Aniket Pandey*

Case Briefs High Courts

Madras HC | ‘Shocked by pornographic content in condom ads freely available for being viewed by children’: Court restrains telecast of vulgar ads and programmes

Madras High Court: The Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., while addressing the instant matter ordered an Interim direction directing

Case Briefs High Courts

Ker HC | Endeavour of every Judge should be to get rid of his personal predilections and prejudices and to decide cases dispassionately, and not to recuse whenever his or her actions are questioned

Kerala High Court: V.G. Arun J., while disallowing the present petition of transfer, observed, “When the question is one of transfer of

Case Briefs High Courts

Del HC | If interim maintenance by wife has already been secured under Domestic Violence Act, will application under S. 125 CrPC be maintainable? Court answers

Delhi High Court: Vibhu Bakhru, J., addressed a matter wherein the question was considered whether an application under Section 125 Criminal Procedure Code,

Case Briefs High Courts

All HC | Is any offence committed if two adults wish to be in a live-in relationship? Read what HC ruled

“…where a boy and a girl are major and they are living with their free will, then, nobody including their parents has the authority to interfere with their living together.”

Case Briefs High Courts

HP HC | Where an employee has worked on a daily wage basis on two separate posts in lower and higher scales, can he be given the benefit of service rendered in lower scale and be regularized in higher scale by combining two services after 10 years; HC elucidates

Himachal Pradesh High Court: Vivek Thakur J., while allowing the present petition, made an elaborated discussion over conditions for granting benefit of

Case Briefs High Courts

Chh HC | S. 66 MV Act necessitates ‘permit’ for a passenger carrying commercial vehicle to make insurance company liable for compensation; Appeal partly allowed

Chattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal partly and modified

Case Briefs High Courts

Del HC | Can an HIV positive patient be prosecuted for an offence of attempt to murder, if he had sexual intercourse without woman’s consent? Read detailed ruling of HC

Delhi High Court: Vibhu Bakhru, J., observed that If an HIV positive person is aware of their condition and has unprotected sex, the

Case Briefs High Courts

Ker HC | While considering transfer petitions related to matrimonial disputes, the convenience of wife is to be preferred over the convenience of husband; Court reiterates

Kerala High Court: Shircy V. J., while allowing the present petition against the original petition filed in the family court, reiterated, “In

Case Briefs High Courts

Bom HC | Welfare of child as paramount consideration: Father of minor given custody for mother not being able to take care of the child

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Suryawanshi, JJ., determined the factors in regard to grant of custody of

Case Briefs High Courts

[MV Act] Kar HC | Will absence of valid and effective DL by the offending driver absolve insurance company to pay compensation? “Pay and Recover” principle applied

Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the “pay and recover” principle.

Case Briefs High Courts

[FLASHBACK] On the International Day for Abolition of Slavery, read how Orissa High Court Decoded the terms ‘Slave’ and ‘Slavery’ in the context of ‘Forced Labour’

Orissa High Court: P.K. Tripathy, J., decoded the meaning of the terms ‘slave and ‘slavery’ in the context of Forced labour. Petitioners in

Case Briefs High Courts

HP HC | Claim barred by limitation is a question of law and facts which Arbitral Tribunal or Arbitrator has to consider on the basis of record; petition allowed

Himachal Pradesh High Court: L. Narayana Swamy CJ., while exercising its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996,

Case Briefs High Courts

Kar HC | Right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India; Not to be encroached irrespective of caste or religion

Karnataka High Court: A Division Bench of S. Sujatha and Sachin Shankar Magadam JJ., disposed off the petition due to the limitation

Case Briefs High Courts

All HC | Does Article 12 of Constitution of India cover ‘Private Financial Institutions’ under its ambit? HC reiterates law laid down by SC

Allahabad High Court: The Division Bench of Naheed Ara Moonis and Vivek Varma, JJ., reiterated the law laid down by the Supreme Court

Legislation Updates Statutes/Bills/Ordinances

Prohibition of Unlawful Religious Conversion | Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 [Brief Explainer]

“Marriage conducted for the sole purpose of Unlawful Conversion or vice-versa to be declared void.”

Case Briefs High Courts

Bom HC | Can Court revoke a ‘conditional gift deed’ on non-compliance of an undertaking in light of which the said deed was executed?

Bombay High Court: A.K. Menon, J., addressed a matter wherein an arrangement was executed between the parties for taking care of the