Minor Girl's Claim Of Being 18+ Or Aadhar Showing Her As Major Doesn't Help Case Of Accused Booked Under POCSO Act: HP High Court

The Himachal Pradesh High Court recently observed that a minor girl's representation of herself as being above 18 years of age or an Aadhar card entry showing her as a major cannot help an accused facing charges under the POCSO Act. A bench of Justice Rakesh Kainthla thus rejected an accused's regular bail plea, who is facing charges of offences under Sections 363 and 376 of the IPC...

Arbitrary & Generalized Apprehension: Patna High Court Quashes Order Denying Increase Of Arms Trader's Quota Due To 'Celebratory Firing'

The Patna High Court quashed two orders of the Bihar Government refusing to increase the stock quota of a licensed arms dealer, holding that the rejection was arbitrary, based on irrelevant grounds such as "celebratory firing".Justice Alok Kumar Sinha allowed the writ petition filed by M/s Premlata & Sons, run by proprietor Smt. Prem Lata Pandey, who holds a valid arms trade license...

Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark

The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name...

S. 232 BNSS | No Prohibition On Committal Courts To Consider Bail Applications: Kerala High Court

The Kerala High Court has held that there is no prohibition on a committal court to consider the bail application of an accused person as per the second proviso to Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Justice V.G. Arun observed:"The 2nd proviso casts a duty on the Magistrate to forward the applications filed by the accused or the victim to the Court of Session...

Pertains To Violation Of Fundamental Rights Under Article 21: Rajasthan High Court Stays Installation Of Dairy Booth Outside Private Residence

The Rajasthan High Court appointed a Court Commissioner in a plea challenging State government's order permitting proposed installation of a dairy booth outside a private residence in Jaipur, where it was alleged that dairies are running a wholesale kirana shops or small restaurantsConsidering the matter to be having “writ large effect”, the high court directed the Court Commissioner...

Matrimonial Dispute Is No Grounds To Deny Family Pension To Wife Upon Husband's Death: Delhi High Court

The Delhi High Court has made it clear that a wife cannot be denied family pension upon her husband's death, merely because they had an ongoing matrimonial dispute.A division bench of Justices Navin Chawla and Madhu Jain observed,“The very fact that the petitioner had filed an application seeking maintenance from the deceased, shows that there were some matrimonial disputes between...

Police Has No Unbridled Power To Open History-Sheet On Likes Or Dislikes; Cogent Material Required For Reasonable Suspicion: Allahabad High Court

The Allahabad High Court has ruled that police cannot exercise 'unbridled' and 'uncanalised' power in opening history sheets against someone merely on the basis of their likes or dislikes, and that cogent and reliable material is required to form a reasonable suspicion. The Court specifically observed that Regulations 228 and 240 of the Uttar Pradesh Police Regulations do not give...

Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites

Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites. Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material...

Allahabad High Court Raps Horticulture Dept Director For Denying Maternity Leave On 2-Yr Gap Ground; Issues Contempt Notice

The Allahabad High Court last week took serious note of the conduct of the Director, Horticulture and Food Processing Department, Uttar Pradesh, for once again rejecting a woman employee's application for maternity leave on the ground that a gap of two years had not elapsed between the first and second maternity leave. While hearing the petition filed by one Sushila Patel, a bench...

Hindu Marriage Can't Be Dissolved By Signing Marriage Dissolution Deed In Front Of Villagers: Delhi High Court

The Delhi High Court has held that a Hindu marriage cannot be dissolved by signing a marriage dissolution deed in front of villagers or “social people and witnesses.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said: “We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed...

'Common Area Maintenance Charge' Paid To Mall By Showroom Is Not Rent, Not Liable To TDS U/S 194-I Income Tax Act: Delhi High Court

The Delhi High Court has held that the Common Area Maintenance Charge (CAM) paid by a showroom owner to the mall does not qualify as 'rent' and is not liable to TDS under Section 194I of the Income Tax Act 1961.Section 194I stipulates that TDS applies if the total rent paid or payable in a financial year exceeds a specified limit.A division bench of Justices V. Kameswar Rao and Vinod...

'Draupadi's Humiliation Set Stage For War': Orissa High Court Alters Conviction In 1994 Murder Case Linked To Insult Of Girl

The Orissa High Court has altered the murder conviction of six persons under Section 302, IPC to culpable homicide not amounting to murder under Section 304 Part-II, IPC for causing death by fatal assault of a man, who registered protest against misbehaviour meted out by one of the accused to his daughter.Ruling out intention on the part of the appellants for causing murder, Division Bench...