Cheque Dishonour| Can't Invoke Inherent Powers To Set Aside Conviction & Sentence At Post-Revision Stage: Kerala High Court

The Kerala High Court recently held that the inherent powers of a High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita cannot be invoked to set aside a conviction and sentence under Section 138 of the Negotiable Instruments Act once the High Court had already finally decided the case in revision.The plea before Justice C.S. Dias was preferred by a private company and...

Statutory Appeal Cannot Be Rendered Illusory Due To DRAT Vacancies, Administrative Hurdles: Delhi High Court

The Delhi High Court on Tuesday observed that litigants cannot be denied an effective appellate remedy under debt recovery law when their statutory appeal remains unheard due to tribunal vacancies, recusals and administrative difficulties. On a plea by two auction purchasers, a division bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar held that while courts...

Gauhati High Court Weekly Round-Up: December 15 - December 21, 2025

Nominal Index [Citations: 2025 LiveLaw (Gau) 71-76]All India Railway Passengers User Facilities Federation v. The Union of India & Anr. 2025 LiveLaw (Gau) 71Rohit Choudhury v. The State of Assam & 10 Ors. 2025 LiveLaw (Gau) 72Md. Ohiduz Zaman vs. State of Assam & Ors. 2025 LiveLaw (Gau) 73Pritam Sovasaria v. The Union of India and Ors. 2025 LiveLaw (Gau) 74Patanjali Foods Limited...

Condonation Must Be Considered Despite Deemed Service On GST Portal: Rajasthan HC Sets Aside Dismissal Of GST Appeal On Limitation

The Rajasthan High Court, in a matter concerning effective service of appellate order and consideration of condonation of delay application, has set aside order passed by the Appellate Authority. In a recent judgment a Division Bench comprising, Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit on dismissal of appeal on account of limitation, emphasized that condonation of...

Bombay High Court Quashes SC/ST Act Case Against Marathi TV Channel Over Use Of Objectionable Word Against Mahar Community

The Bombay High Court on Tuesday (December 23) while quashing the First Information Report (FIR) lodged against Marathi TV Channel 'Star Pravah' for referring to a Scheduled Caste's name in one of its serial's episodes, held that mere use or reference to the name of a caste or tribe cannot constitute an offence under the stringent Scheduled Caste and Scheduled Tribe (Prevention of...

Past Employment With Party Does Not Make Arbitrator Ineligible: J&K&L High Court Reaffirms

The Jammu and Kashmir and Ladakh High Court on Monday reiterated that an arbitrator does not become ineligible merely because he was employed by one of the parties in the past. The court held that past government service, by itself, does not indicate bias under the Arbitration and Conciliation Act unless it is shown that the arbitrator has a continuing business relationship or had advised...

Palghar Mob Lynching: Bombay High Court Denies Bail To 4 Accused

The Bombay High Court on Tuesday refused to grant bail to four men booked in the infamous Palghar Sadhu Lynching case wherein two monks and their driver were killed by a mob which misunderstood them to be thieves. Single-judge Justice Dr Neela Gokhale denied bail to Rajesh Dhakal Rao, Sunil @ Satya Shantaram Dalvi, Sajanya Barkya Burkud and Vinod Ramu Rao.The judge while denying bail,...

“Lacking Material Documents, Grounded In Ambiguity”: J&K&L High Court Dismisses Mehbooba Mufti's PIL On Transfer Of Undertrial Prisoners

Reaffirming the constitutional limits of Public Interest Litigation, the High Court of Jammu & Kashmir and Ladakh has dismissed a PIL filed by PDP President and former Chief Minister Mehbooba Mufti, holding that the petition was “lacking material documents and grounded in ambiguity” and rested on incomplete, vague and unsubstantiated assertions.The Division Bench comprising Chief...

Anticipatory Bail Applications Maintainable Even For Offences Punishable With 7 Year Sentence Or More: Patna High Court

The Patna High Court has clarified that a Sessions Court having jurisdiction to decide an anticipatory bail application is duty-bound to adjudicate the same on merits by either allowing or rejecting it, and cannot dispose of such an application without doing either. The Court further clarified that there is no statutory bar on entertaining anticipatory bail applications merely because the...

Rajasthan High Court Rejects Bail To Payment Aggregator Facilitators In ₹95 Crore GST Evasion Via Online Gaming Transactions

The Rajasthan High Court rejected the bail application of the applicants accused of facilitating large-scale GST evasion through online gaming transactions. Justice Sameer Jain stated that bail should normally be granted for offences under section 132 of the CGST Act, unless extraordinary circumstances exist, and in the matter at hand, there is GST evasion of approximately Rs....

Delhi High Court Upholds Interim Order Restraining 'HP+' Mark Over Similarity With 'HP' Screw Brand

The Delhi High Court's division bench has upheld an interim order stopping Ganraj Enterprises, a Maharashtra-based maker of screws, from using the marks “HP+” and “HP®+” on its products. The court held that using these marks for self-drilling screws and related goods infringes the registered “HP” trademark owned by Landmark Crafts Pvt. Ltd A Division Bench of Justice C Hari...

Health Sub-Centre Location Is Policy Matter, But Residents' Objections Must Be Fairly Considered: J&K&L High Court

Underscoring the balance between administrative discretion and public fairness, the High Court of Jammu & Kashmir and Ladakh has held that the choice of location for a government amenity such as a Health Sub-Centre squarely lies within the domain of the competent authority, and no private individual or group can insist upon a particular site.At the same time, the Court emphasized that...