Divorced Wife Entitled to Maintenance Under Section 125 CrPC Irrespective Of Ground Or Manner Of Divorce: Delhi High Court

The Delhi High Court has observed that a divorced wife is entitled to maintenance under Section 125 or CrPC, it respective of the ground or the manner of divorce. “….it is pertinent to observe that once a wife is divorced, she is per se entitled to maintenance under Section 125 Cr.P.C irrespective of the ground or the manner in which the divorce is taken,” Justice Neena Bansal...

Inimical Relationship Between Victim & Accused Requires Cautious Evaluation: HP High Court Upholds Acquittal In Molestation Case

The Himachal Pradesh High Court upheld the acquittal of an accused in a molestation case, observing that when the victim submits that she does not have cordial relations with accused and was not on talking terms with him, her testimony requires greater caution.Justice Rakesh Kainthla held that: “The informant admitted that she had an inimical relationship with the accused, and she was not...

NCLT Approval Not Needed To Adjudicate Criminal Complaints In Cases Where Companies Were Wound Up By HC: Kerala High Court

The Kerala High Court has recently held that the leave of the National Company Law Tribunal is not needed to proceed with criminal complaints in cases where the companies have been ordered to be wound up by the High Courts in accordance with provisions of the Companies Act, 1956.Justice Viju Abraham was considering a report filed by the official liquidator seeking permission to proceed with...

Delhi High Court Restrains Man From Using 'Barbie' Trademarks, Orders Removal Of References From Social Media

Granting relief to Mattel Inc, the Delhi High Court has restrained a man from using “Barbie” trademarks in relation to commercial kitchen equipment, event management and catering services. Justice Manmeet Pritam Singh Arora restrained Padum Borah from using marks like Barbie, Barbie One Stop Solution For Horeca & Foods Processing, Barbie Enterprises, Barbie Hospitality, Barbie...

Delhi High Court Restrains Rupa, Young Global & Professional Books From Selling 'Coat-Pocket' Constitution Edition 'Deceptively' Similar To EBC's

The Delhi High Court has restrained Rupa Publications, Professional Book Publishers and Young Global Publications from publishing or selling their 'coat pocket' edition of the Constitution of India bare act, in a trademark infringement suit filed by the Eastern Book Company (EBC).Justice Manmeet Pritam Singh Arora found the abovenamed publications' editions' trade dress to be deceptively...

Minor Not Labelling Sexual Acts As Forceful In Initial Statements Can't Exculpate Accused Under POCSO Act: Delhi High Court

The Delhi High Court has observed that the act of a minor victim not calling the sexual acts as forcible in her initial statements cannot exculpate the accused under the POCSO Act.While upholding the conviction of a 21 year old in a case of raping a 14 year old minor girl, Justice Sanjeev Narula said:“….even if the Prosecutrix did not characterise the sexual acts as forcible in her...

Penalty Can Be Imposed On Courier Agency For Not Reporting Suspicious Consignment To Customs: Delhi High Court

The Delhi High Court has held that the Commissioner of Customs can impose a penalty on a courier service which fails to report suspicious consignments being sent or received from abroad.A division bench comprising Justices Prathiba M. Singh and Shail Jain observed that courier agencies have a responsibility to ensure that whenever there are any suspicious courier packets being delivered or...

DRAT Has Discretion To Reduce Interest Granted By DRT In Favour Of Secured Creditor: Rajasthan High Court

The Rajasthan High Court held that the DRAT had discretion under Section 19(20) of the Recovery of Debts and Bankruptcy Act, 1993, to reduce the interest rate awarded by the DRT in favour of the secured creditor.The bench of Justice Anoop Kumar Dhand was hearing a challenge against the order of the DRAT by which the order passed by DRT was modified to the extent of reducing the interest rate...

PTCL Act Can Be Invoked For Second Time If Granted Lands Are Transferred After Being Restored In Favor Of Grantee: Karnataka High Court

The Karnataka High Court has differed from the view of a co-ordinate single bench which had held that that if land already restored in grantee's favour is sold again, the grantee is then not entitled to invoke Karnataka SCST (Prohibition of Transfer of Certain Lands) (PTCL) Act for a second time seeking resumption and restoration of the lands.Justice R Devdas held PTCL Act does not...

Kerala High Court Forms High-Level Panel To Address Kochi's Sewer Network And Sewage Treatment Issues

The Kerala High Court has constituted a high-level study group to examine and propose long-term solutions to Kochi's chronic sewerage and sewage treatment problems.The order was passed by a Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji while hearing a public interest litigation filed by the Apartment Owners Apex Association, Kerala concerning the sewer network...

Date Of Passing Final Exam Relevant For Batch-Wise Recruitment, Not When Certificate Was Issued: HP High Court

The Himachal Pradesh High Court held that for batch-wise recruitment, the year and month of passing the final examination must decide the candidate's batch and not the date on which the certificate was issued.Rejecting the State's contention, Justice Sandeep Sharma observed that “…it is nowhere mentioned in the R&P Rules that date of issuance of certificate given in the certificate...

Delhi High Court Fines Litigants ₹50K For Casting 'Mythical' Aspersions Against Judge

The Delhi High Court has fined two litigants for filing a transfer petition by “making and cooking up an imaginary story” and casting aspersions based on “misleading and mythical” assertions on a sitting trial court judge. Justice Saurabh Banerjee took a serious objection to the filing of the petition and dismissed it with a costs of Rs. 50,000 to be deposited with the Delhi High...