S. 44 (1)(c) PMLA
Case BriefsHigh Courts

“The Special Court trying the predicate scheduled offence under the PC Act is also a designated Special Court under the PMLA, which is competent to try both cases, whereas the Special Court under the PMLA is not a designated Special Court under the PC Act.”

Continue reading
Janeshwar Mishra Park's use for commercial activities
Case BriefsHigh Courts

“The Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 not only applies to those parks, playgrounds and open spaces which were in existence prior to 1975 but even to those which have come into existence subsequently.”

Continue reading
transfer of matrimonial case at final stage
Case BriefsHigh Courts

“The wife stated that it would be serious prejudice to her in participating in the trial at the Kollam court centre, which was her workplace, and that the distance from her residence to Punalur, the court to which transfer was ordered, was 50 kilometres, whereas the distance from the husband’s residence to Punalur was only 40 kilometres.”

Continue reading
plea of juvenility
Case BriefsHigh Courts

“The prayer seeking a direction for placing the whole matter before the JJ Board under Sections 9 and 10 JJ Act could not have been rejected by the Special Judge (POCSO).”

Continue reading
correspondence can form valid arbitration agreement
Case BriefsHigh Courts

“It was open to the petitioner to participate in the proceedings and to prefer an application under Section 16, A&C Act to challenge the existence of the agreement, but it chose to stay away, and such conduct indicated a strategy of taking a chance by relying on purported errors to undermine an adverse award.”

Continue reading
Restoration of Electricity supply to Tenant
Case BriefsHigh Courts

The Court directed that electricity supply to the premises be restored within seven days subject to payment of electricity charges by the petitioner.

Continue reading
Bharti Pardhi
Case BriefsHigh Courts

BSP Candidate Kankar Munjare approached the High Court alleging irregularities in the vote count at Polling Station 88, prompting judicial scrutiny of the 2024 parliamentary election process in Balaghat.

Continue reading
enquiry of Trial Court Judge
Case BriefsHigh Courts

“Although the Trial Court might be right in obtaining spot inspection report, but that report should have been considered after recording evidence of witnesses and the trial Court should have come to a conclusion as to whether temporary injunction order was breached by any of the parties or not, but nothing of that sort has been done.”

Continue reading
Ticketed event not religious ceremony
Case BriefsHigh Courts

“The plaintiff was entitled to grant licences for communication to the public and public performance under Section 30, Copyright Act, and since 2014, was issuing licence as the licence-holder of the copyright.”

Continue reading
Loss of love and affection compensation siblings
Case BriefsHigh Courts

Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.

Continue reading
Bangladeshi convict premature release
Case BriefsHigh Courts

Holding that the Sentence Review Board cannot reject premature release solely on the gravity of the offence, the Delhi High Court said such decisions must consider custodial conduct, rehabilitative indicators, and other relevant factors under the 2004 Policy and Delhi Prison Rules, 2018.

Continue reading
misuse of POCSO
Case BriefsHigh Courts

The Madras High Court observed that cases involving consensual adolescent relationships often result in the young boy facing criminal consequences due to parental differences.

Continue reading
man convicted of his wife
Case BriefsHigh Courts

“It is sad commentary on our criminal justice delivery system and requires introspection and real remedial measures like increasing number of Judges, their supporting staff and infrastructure. There is not shortcut to hard work required for deciding criminal appeals. Just holding conferences and meetings can never ameliorate the situation.”

Continue reading
not every insult offence under SCST Act
Case BriefsHigh Courts

“From the allegations made in the complaint, the prosecution has not proved that the accused is guilty of an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989”

Continue reading
Kataria surname protected
Case BriefsHigh Courts

“The appellant’s mark is not registered, but it is using the mark ‘Kataria’ being its surname with continuity and have encashed upon it by creating a business world by use of the goodwill of their forefathers/predecessors and are banking upon the same.”

Continue reading
disability certificate issued by non-treating doctor
Case BriefsHigh Courts

“A qualified medical practitioner who has not treated the injured can always give evidence on the basis of the medical reports of the injured and give a certificate on the loss of earning capacity or disability.”

Continue reading
Section 279 IPC
Case BriefsHigh Courts

“Possibility of rashness and negligence by a driver cannot be negated on the mere account of low speed, especially when it is alleged that the respondent was driving a heavy vehicle, carrying material over the permissible weight limit, in a zig-zag manner prior to the accident.”

Continue reading
CAPITAL as translation of RAJDHANI trademark infringement
Case BriefsHigh Courts

“Defendants have copied the trade dresses of the plaintiff in entirety, in which plaintiff has a copyright and the intent behind copying is to trade over the goodwill and reputation of the plaintiff, which it has built over the years and to misrepresent to the public that their goods have some association with the plaintiff.”

Continue reading
WhatsApp chats insufficient
Case BriefsHigh Courts

“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”

Continue reading
Jal Jeevan Mission
Case BriefsHigh Courts

Larsen And Toubro Limited filed the present petition aggrieved by the inaction on the damage caused to the water pipelines laid down by them under the Jal Jeevan Mission.

Continue reading