POCSO Case Can't Be Compromised Between Victim & Accused Even When They Get Married: Punjab & Haryana High Court Explains

The Punjab & Haryana High Court refused to quash a rape case under POCSO Act on the basis of compromise between the victim and the accused.The man was accused of raping a 13-year-old victim. Allegedly the victim was enticed away by the petitioner and she stayed with him and was recovered after four months by the police from the custody of the accused. The offences involved in the present...

J&K&L High Court Quashes Dowry Case, Says Allegations Of FIR Being Registered Due To Influence By Wife's Ex-Cop Father Were Not Rebutted

The Jammu and Kashmir & Ladakh High Court while quashing a dowry harassment FIR said that case appeared to have been initiated under the influence of the wife's father, a retired police officer, who allegedly pressured police officials into registering the complaint despite initial reluctance.The petitioners had submitted that father of the complainant, a retired Police Officer used...

DM's Adjudication On Borrowers' Claims In Application U/S 14 SARFAESI Act 'Totally Unwarranted': Rajasthan HC Flags Non-Compliance Of SC Orders

The Rajasthan High Court has expressed displeasure over the order by a District Magistrate, who, while allowing an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the “SARFAESI Act”), attached a condition of non-execution in case of any dispute regarding title/possession over the property.Section 14...

Mere Pendency Of Formal Signature By One Party Doesn't Preclude Parties From Being Referred To Arbitration: Delhi HC Allows Vedanta's Plea

The Delhi High Court bench of Justice Subramonium Prasad has held that the mere pendency of a formal signature by one party, when the other party has signed the agreement after reading and understanding its terms, including the arbitration clause, does not prevent the parties from being referred to arbitration. The Petitioner has filed this petition under section 11(6) of the...

No Negative Parity: Rajasthan High Court Rejects Municipal Official's Plea Claiming Co-Signatory To Illegal Title-Deeds Was Not Acted Against

The Rajasthan High Court dismissed a plea by Chairperson of a Municipal Council suspended for allegedly misusing her position to "illegally" grant title-deeds in favour of persons known to her, observing that the official cannot claim immunity on the ground that no action was taken against another official who had also signed the title deeds. The bench of Rajasthan High Court rejected...

Plea In Kerala High Court Challenges Mandate Of GPS/ Tracking Devices In Heavy Vehicles

The partners of A2Z Motor Driving School have approached the Kerala High Court challenging Rule 151A of the Kerala Motor Vehicles Rules (KMV Rules), 1989 which mandates certain categories of vehicles with the exception of two-wheelers, e-rickshaws, three-wheelers, vehicles that do not require permit under under the Act, to be equipped with vehicle location tracking device (VLTD) and...

Criminal Complaints Filed In Heat Of Moment Over Trivial Matrimonial Issues Undermine Institution Of Marriage: Allahabad High Court

The Allahabad High Court recently observed that marriage is an institution of great social relevance, and it gets adversely affected when criminal complaints are lodged in the heat of the moment over trivial matrimonial issues without proper deliberations. A bench of Justice Vikram D. Chauhan added that when such a complaint is filed, the parties do not properly visualise...

Civil Courts Not Prohibited From Granting Anti-Arbitration Injunction In Foreign-Seated Arbitration If Proceedings Are Vexatious: Delhi HC

The Delhi High Court bench of Justice Purushaindra Kumar Kaurav has held that Civil Courts are not prohibited from granting anti arbitration injunction in a foreign seated arbitration if the proceedings are conducted in a vexatious and oppressive manner. The present application has been filed seeking an injunction against the ongoing arbitration before the International Chamber...

[Patent Act] Applicant's Failure To Disclose Prior Art Doesn't Bar Amendment In Specifications Of Application: Delhi High Court

The Delhi High Court has held that if by suppressing any prior art, an applicant is able to obtain patent undeservingly, then such prior art can certainly be relied even at a later stage to challenge the grant of patent to such an applicant or to revoke such patent, under Section 64 of the Patents Act, 1970.However, Justice Mini Pushkarna added, “if a prior art comes to the notice of...

Magistrate Duty Bound To Inform Person With Mental Illness Is Entitled For Free Legal Aid, P&H High Court Calls For Judicial Officers' Training

Observing that every Magistrate, Police Officer and person in-charge of custodial institutions is entitled to inform person suffering with mental illness is entitled for free legal aid as per Mental Health Care Act, the Punjab & Haryana High Court called for judicial officers' training.Chief Justice Sheel Nagu and Justice Sanjiv Berry noted, “no orientation programme for making...

'We Have Been Asking For A Year, No Efforts Being Made': MP High Court Remarks Over Lack Of Progress To Increase Flights To Jabalpur

While hearing a PIL for increasing flights to Jabalpur, the Madhya Pradesh High Court on Wednesday (July 30) orally expressed its concern over the lack of progress in the matter and pointed out the reduction in flights by Indigo as well as the expensive ticket rates charged by the airline. The court further orally said that if the airline cannot increase the number of flights it should...

Case Closed But Closure Report Not Filed: Madras High Court Suspends DySP Citing 'Clear Disregard For Rule Of Law'

The Madras High Court has directed the Director General of Police to place a Deputy Superintendent of Police under suspension for failing to submit a closure report and for failing to comply with the mandatory procedure prescribed under Section 173 of the CrPC. Justice P Velmurugan noted that it was not an isolated case and on several instances, the court was coming across cases in...