Legal News Archives

‘Purpose of POCSO Act is to treat minors as a class by itself so that an attempt to abuse minor entails graver consequences’: Del HC stresses upon purpose of POCSO Act

Delhi High Court: While observing that, rape is an offence which not only violates the physical body of the survivor but is

Case Briefs High Courts

Daughter receiving presents from parents during her marriage, will be covered under ‘Dowry’? Ker HC explains in light of provision which prohibits ‘giving or taking of dowry’

Kerala High Court: M.R. Anitha, J., decided whether gifts given to the bride during marriage by parents be covered under ‘Dowry’ or

Case Briefs High Courts

Clarified | Difference between ‘FIR’ & ‘Zero FIR’: Woman alleged to have been kept as a hostage and repetitively raped, approached police station but PS GTB Enclave denied filing an FIR || Read Del HC’s decision

Delhi High Court: Subramonium Prasad, J., expressed that, “…it is unfortunate that institutions that are supposed to protect the life and liberty

Case Briefs High Courts

Trial Court mentions wrong provision of Mahomedan Law while granting maintenance to wife: Judgment of trial court will be defective in eye of law? Bom HC answers

Bombay High Court: Shrikant D. Kulkarni, J., decides whether the trial court’s decision mentioning the wrong provision pertaining to maintenance to the

Case Briefs High Courts

Woman commits suicide due to alleged illicit relationship of husband; mother registers case but seeks to withdraw stating she had lodged report under ‘rage’ | Bom HC Demystifies

Bombay High Court: Division Bench of M.S. Sonal and Pushpa V. Ganediwala, JJ., quashed the charges of abetment of suicide and other offences

Case Briefs High Courts

For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides

Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held

Op Eds OP. ED.

Compulsory ADR and Mediation in a Post-Pandemic World

by Muthupandi Ganesan*

Case Briefs High Courts

Stamp Duty correctly payable on instruments typical in Redevelopment Projects: Bom HC to decide

Bombay High Court: The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., considered petitions which raised questions about the interpretation

Case Briefs District Court

Daughter of a coparcener will also be a coparcener in Hindu Undivided Property? Tis Hazari Courts decides where father died before coming into force of 2005 Amendment to S. 6

Tis Hazari Courts, Delhi: Kirandeep Kaur, Civil Judge – 05, discussed the legal position on a coparcener’s daughter also being a coparcener

Case Briefs High Courts

Daughters as Co-parceners | S. 6 of Hindu Succession Act prevails over S. 29-A inserted by Maharashtra Amendment; wasn’t necessary for Parliament to repeal S. 29-A: Bom HC

Bombay High Court, Bench at Aurangabad: Vibha Kankanwadi, J., while addressing a matter revolving around the property, observed that, Article 254 of

Case Briefs High Courts

Wife seeks to insert averments with respect to impotency of husband, can amendment to petition for annulment of marriage be allowed? Bom HC explains

Bombay High Court: While addressing a matter, Mangesh S. Patil, J., laid down significant aspects with regard to when a petition can

Case Briefs High Courts

Man in detention without trial for almost 41 years, compensation granted: Cal HC

Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ and Rajarshi Bharadwaj, J., awarded compensation to a person who was remained

Case Briefs International Courts

Ferrari wins Unregistered Community Design claim; EJC holds no separate discloser of parts of a product require where images of product as a whole already made available to public

European Court of Justice: The Bench comprising of E. Regan, President of the Chamber, C. Lycourgos, President of the Fourth Chamber, and

Case Briefs High Courts

False promise of marriage | Can mere failure to keep a promise without anything more lead to irresistible conclusion that promise had been dishonestly made from inception? Cal HC decides

Calcutta High Court: While addressing a matter under Section 376 of Penal Code, 1860 Division Bench of Joymalya Bagchi and Bivas Pattanayak,

Case Briefs District Court

Does marrying another lady causes emotional abuse so as to come under Domestic Violence? Read Sessions Court decision

LXIII Addl. City Civil & Sessions Judge, Bengaluru: B. Venkatesha, LXIII Addl. City Civil & Sessions Judge, dismissed an appeal filed under Section

Case Briefs High Courts

Does S. 327(2) CrPC providing for “in camera” proceedings apply to appeals? Bom HC decides while rejecting Tarun Tejpal’s application

Bombay High Court at Goa: A Division Bench of Revati Mohite Dere and M.S. Jawalkar, JJ. rejected Tarun Tejpal’s plea to conduct

Case Briefs High Courts

Can Judge sift and weigh evidence at stage of framing of charges? For what purpose? Bom HC considers while refusing to discharge accused

Bombay High Court: Sandeep K. Shinde, J., dismissed a revision petition filed against the order of the lower court refusing to discharge

Appointments & Transfers News

Andhra Pradesh High Court gets 2 new Judges

President appoints the following to be Judges of the Andhra Pradesh High Court: Dr Kumbhajadala Manmadha Rao Kumari Boddupalli Sri Bhanumathi Ministry

Case Briefs District Court

When does burden of proof shift to accused to rebut statutory presumption in cheque bounce cases under S. 138 NI Act? CMM Court considers

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: Bhola Pandit, XX Addl. CMM, convicted a person who presented a cheque to