Not Rarest Of Rare Case: Punjab & Haryana HC Commutes Death Penalty Of Man Convicted For Rape & Murder Of Minor Daughter

The Punjab & Haryana High Court commuted death sentence awarded to a man into life imprisonment for the remainder of his natural life without the application of the provisions of premature release, for rape and murder of his 6-year-old daughter.Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi said, "While there is no doubt about the brutal and heinous nature of the crime...

After Commencement Of Arbitration, Parties Must Wait Until Award Is Pronounced To File Challenge Unless Appeal Is Available At Earlier Stage: Kerala HC

The Kerela High Court Bench of Justice Basant Balaji has held that once the arbitration has commenced, parties have to wait until the award is pronounced unless a right of appeal is available to them under Section 37 of the Act, even at an earlier stage. Brief Facts of the case: The present dispute arose with respect to an agreement, for the construction of a Multidisciplinary...

Anand Teltumbde's Activities Threaten India's Sovereignty; Must Not Be Permitted To Go Abroad, Can Give Lectures Virtually: NIA To Bombay HC

The National Investigation Agency (NIA) on Thursday told the Bombay High Court that Dalit rights' activist Dr Anand Teltumbde is an active member of the Communist Party of India (Maoist) (CPI-M), and is allegedly involved in activities that pose a 'threat' to the 'sovereignty, security and integrity' of India and thus he should not be permitted to travel to Amsterdam and the United Kingdom...

Senior Citizens Act Creates Eviction Right Only When Property Owned By Senior Citizen Is Transferred To Children Or Relatives: Punjab & Haryana HC

The Punjab and Haryana High Court has set aside the order directing the vacation of the property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, observing that order can only be passed when the senior citizen is the owner of the property in possession of their children or relative.Justice Harsimran Singh Sethi said, "The direction which has been given by...

Bombay High Court Directs State To Explain Steps Taken To Revive Functioning Of Homes For Mentally Challenged Children

In a petition concerning the situation of Homes for Mentally Challenged Children in Maharashtra, the Bombay High Court directed the State government to file a detailed affidavit indicating the number of such Homes in the State and the steps taken to revive the functions of such homes among other things.The case stems from a 2014 petition, where it was alleged that bar dancers were invited to...

No Provision Allows Coercive Action Before Pre-Intimation Notice: Uttarakhand HC Criticizes GST Dept For Negatively Blocking ITC

The Uttarakhand High Court criticized the GST department for the negative blocking of ITC and questioned the provision under which such deterrent or coercive action has been taken. “The working of the Department is startling and shocking. It is not known and incomprehensible as to which provision of law permits the Department to take deterrent and coercive action, even prior...

Plea Of Non-Compliance With S.154 CrPC Need Not Be Looked At When Chargesheet Is Filed Disclosing Commission Of Offence: J&K High Court

The Jammu and Kashmir High Court observed that the requirement of checking the non-compliance of the provisions of section 154 CrPC was not needed at the stage when the investigation in the matter was complete and chargesheet had already been filed disclosing the commission of the cognizable offence. The petitioners had challenged the order of magistrate directing the registration of...

If Complaint Discloses Prima Facie Allegations, Malafide Intention Of Complainant Of No Consequence: Madras HC Denies Relief To Ma Subramanian

The Madras High Court recently refused to quash the charge sheet filed by the CB- CID against Health and Family Welfare Minister Ma Subramanian and his wife in a case of alleged land grabbing. Though Subramaniam had argued that the complaint was filed due to political motive, Justice P Velmurugan noted that there were prima facie materials to proceed with the trial. The court added...

Shreya Singhal Binding Precedent, Centre Calling SC Judgment Per Incuriam "Unheard Of": X Corp To Karnataka HC In Plea Against Sahyog Portal

Social media platform 'X' (formerly twitter) told the Karnataka High Court on Thursday (April 3) that the Central government's submission that the Supreme Court's 2015 decision in Shreya Singhal vs. UOI is 'per incuriam' and not a binding precedent is something "unheard of". The submission was made before Justice M Nagaprassana who was hearing X Corp's plea seeking a declaration that...

Investigating Agency Cannot Include Cognizable Offence In FIR To Bypass Sanction U/S 155(2) Of CrPC: Kerala HC

The Kerala High Court observed that an investigating agency cannot incorporate a cognizable offence in the FIR without any materials before it to bypass Section 155(2) Cr.P.C.As per Section 155(2) of Code of Criminal Procedure, the police can investigate into a non-cognizable offence only after getting an order from the Magistrate concerned.It was alleged that the petitioner in this case...

Delhi High Court Permanently Restrains Fake Websites From Infringing Trademark Of Tata Group's Ginger Hotels, Imposes ₹20L Costs

The Delhi High Court has granted a permanent injunction in favour of the Tata Group's Indian Hotels Company Limited, which owns the Ginger chain of hotels, against trademark and copyright infringement by fake websites.Noting that the fraudulent websites are bound to deceive a large number of customers into believing that they are associated with Ginger hotels, Justice Mini Pushkarna...

Adoption Of Mark Intended To Encroach On Built-Up Reputation Of Mankind Pharma: Delhi HC Directs Registry To Remove 'Kindpan' Trademark

The Delhi High Court has directed the removal of 'Kindpan' trademark, in a petition filed by Mankind Pharma Limited against a proprietorship firm which was granted registration of the mark in the medicinal and pharmaceutical preparations category.Mankind Pharma Limited (petitioner) submitted that it is the owner of 'Mankind' and 'Kind' marks. It stated that the respondent trading as M/s...