High Courts
Man Starting New Marriage For 'Greener Pasture' Won't Turn Prior Consensual Relationship Into 'Rape': Kerala High Court
The Kerala High Court, in a recent judgment, held that if a man starts a new marriage in search of 'greener pasture', the same by itself, would not turn his prior, consensual sexual relationships into 'rape' as per the Indian Penal Code.Justice G. Girish clarified that in such cases, consent for earlier sexual relationships cannot be said to have been obtained on false promise to...
Rejection Of Plaint Is “Digression” From Normal Adjudication, Not Routine Option: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure is not a default or routine step in civil adjudication, but a “digression” which courts should resort to only when the plaint, by its own deficiencies, invites such rejection.Terming the exercise of rejection of a plaint in terms of Order VII Rule 11 of...
Multiple Remand Orders U/S 37 A&C Act “Unworkable” Without Reversing Findings On Merits: Madras High Court
The Madras High Court held that multiple remand orders issued by courts under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) without disturbing or reversing the findings on merits recorded by earlier Single Judges were incapable of implementation. The court found the situation unprecedented and unusual holding that the statutory scheme of the Civil Procedure...
'Friction In Wheels Of Justice': Delhi High Court Frowns Upon 38-Year Delay In Will Case, Grants Letters Of Administration
The Delhi High Court recently disposed of a 38-year-old Will dispute, remarking that the case exemplifies the “friction” in the wheels of justice, against which the Supreme Court had cautioned in Yashpal Jain v. Sushila Devi and Others (2023).Justice Purushaindra Kumar Kaurav observed that it took 38 long years to decide the dispute and meanwhile, most of the original parties passed away...
Delhi High Court Bars Former Distributor from Selling CREED Perfume, Awards Rs 37.42 Lakh in Damages
The Delhi High Court has granted a permanent injunction in favor of Fontaine Limited, owner of the luxury perfume brand CREED, restraining a former distributor from selling CREED products or using the CREED trademark after the expiry of their distribution agreement. The court also awarded Fontaine damages of Rs 37.42 lakh and legal costs of Rs 7.97 lakh for the unauthorized use of the...
Centre Cannot Retain Wrongly Paid IGST Once Correct Tax Is Paid To State GST Authorities: Karnataka High Court
The Karnataka High Court has held that the Centre cannot retain wrongly paid IGST (Integrated Goods and Services Tax) once the correct tax is paid to the State authorities. Justice S.R. Krishna Kumar observed that since the assessee had wrongly paid IGST and later paid the correct tax to the State GST, the Central government must refund IGST to the assessee....
Lok Adalat Has No Jurisdiction In Respect Of Offences That Are Non-Compoundable: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the National Lok Adalat does not have the jurisdiction to discharge the accused in a criminal case involving non-compoundable offences under Section 324 of the Indian Penal Code.The Court reiterated that:“Section 324 of IPC was compoundable earlier, but was made non-compoundable by Section 28(a) of the Code of Criminal Procedure Amendment...
Tariff During Registration Was To Remain Fixed For 25 Years; CSPDCL Waived Its Rights: Delhi High Court Allows IREDA's Appeal Over GBI Scheme
The Delhi High Court Bench of Chief Justice and Justice Tushar Rao Gedela has observed that under the Generation Based Incentive Scheme (GBI) Scheme, 2010 by Ministry of New and Renewable Energy, the tariff at the time of registration of project would remain constant for a period of 25 years and any upward revision of tariff by State Electricity Regulatory Commissions (“SERC”) from...
RERA Tribunal Has Appellate & Revision Powers; Interest Payable Only After Pre-Deposit U/S 43(5): Allahabad High Court
Recently, while entertaining a set of appeals regarding the Real Estate (Regulation and Development) Act, 2016, the Lucknow Bench of the Allahabad High Court held that under Section 43(5) of the RERA Act, the Appellate Tribunal could award interest or compensation only after mandatory pre-deposit is made for entertaining such appeal.Further, it held that the RERA Appellate Tribunal has...
Delhi High Court Dismisses The Telegraph's Appeal Against ITC Hotel's Suit Over Allegedly Defamatory News
The Delhi High Court on Saturday dismissed the appeals preferred by ABP Pvt Ltd, publisher of The Telegraph, in a defamation case filed by ITC Hotels back in 2004.The defamation case pertains to an allegedly defamatory news article carried out by The Telegraph against ITC's former chairperson Yogesh Chander Deveshwar.While YCD filed a defamation suit against the English daily in Calcutta...
Misuse Of POCSO Act Undermines Its Objective, Trial Courts Must Take Action Against Persons Filing False Complaints: Madras High Court
The Madras High Court recently remarked that there has been an increase in misuse of provisions of the Protection of Children from Sexual Offences (POCSO) Act to settle personal scores, which ultimately undermines the true object of the Act. Justice B. Pugalendhi thus directed the trial courts to make sure that cases are registered under Section 22 of the POCSO Act against...