High Courts
J&K High Court Cancels Advocate's License After 16 Years Over Fake LL.B Degree
The Jammu and Kashmir High Court has cancelled the enrollment of Advocate Sajad Ahmad Shah, nearly 16 years after he began practicing law, upon discovering that he had obtained his license based on a fake and forged LL.B degree.Shah who is resident of Srinagar, was enrolled with the Bar Council of Jammu and Kashmir and his name was subsequently entered into the Roll of Advocates in...
When Does Lis Pendens Cease To Operate? Bombay High Court Re-Examines S.52 Of Transfer Of Property Act Post-Alienation
The Bombay High Court while re-visiting Section 52 of the Transfer of Property Act has clarified the circumstances under which the Lis Pendens ceases to operate.The Bench of Justice Sharmila U. Deshmukh observed that “Post alienation by way of sale or surrender, the immovable properties are no longer available for distribution and what remains is money claim based on accounts and valuation...
Sambhal Row | 'Juma Mosque A Centrally Protected Monument, It Isn't A Religious Place Or Public Worship Site': ASI To Allahabad HC
The Allahabad High Court on Tuesday reserved orders on a revision plea filed by the Shahi Jama Mosque Committee at Chandausi (Sambhal), challenging the trial court's order dated November 19, which directed the appointment of an Advocate Commissioner to survey the mosque premises in a suit claiming that the mosque was built after demolishing a temple. A bench of Justice Rohit Ranjan...
Wife Leaving Job To Care For Child Not Voluntary Abandonment Of Work, Entitled To Maintenance: Delhi High Court
The Delhi High Court has held that a wife cannot be denied maintenance merely because she is qualified and was employed, if she was compelled to quit to take care of the child.Justice Swarana Kanta Sharma observed, “...the responsibility of caregiving to a minor child falls disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment,...
High Court Asks Punjab Govt Not To Harass Congress MLA Pratap Singh Bajwa On Pretext Of Investigation Over “Active Bombs”Remark
The Punjab & Haryana High Court on Tuesday (May 13) asked Punjab Government authorities to not to harass Congress MLA and State's Leader of Opposition Pratap Singh Bajwa in the name of investigation.Bajwa was booked in an FIR for making allegedly remarking on a TV show that “50 bombs have reached Punjab”.Justice Tribhuvan Dahiya directed to ensure that the Bajwa is "not...
Rampant Misuse Of S.16 GST Act For Wrongful Availment Of ITC Will Create 'Enormous Dent' In GST Regime: Delhi High Court
The Delhi High Court has once again flagged concerns over rampant misuse of Section 16 of the Central Goods and Services Tax Act 2017 by traders, for wrongful availment of Input Tax Credit.The provision enables businesses to get input tax on the goods and services which are manufactured/ supplied by them in the chain of business transactions. It is meant as an incentive for businesses who...
Can Suit For Infringement Lie Against Proprietors Of Registered Trademark? Delhi High Court Refers Issue To Larger Bench
The Delhi High Court has referred to a larger the following questions of law in relation to trademark infringement:“(i) Whether a suit for infringement can lie against the proprietor of a registered trademark, with respect to the use of such trademark? (ii) Whether, assuming such a suit can lie, the Court can pass any interlocutory order, injuncting the use, by the defendant, of the...
Whether Compensation Cess Is Leviable On Goods Supplied To Merchant Exporter: Gujarat High Court Asks GST Council To Decide
The Gujarat High Court has referred a matter to the GST Council to decide on whether the compensation cess is leviable on goods supplied to merchant exporter. The Division Bench of Justices Bhargav D. Karia and D.N. Ray observed that “……..no notification is issued by the Central Government or State Government under the Compensation Cess Act and therefore, the assessee...
Rights Of Prior User Prevail Over Registered Trademark Holder: Delhi HC Grants Interim Relief To German Society's Institutes In India
Reaffirming the principle that rights of prior user are superior to that of a proprietor holding a registered trademark, the Delhi High Court granted interim injunction in favour of Goethe-Institut, a German society which runs six educational institutes in India in the name of 'Max Mueller Bhavan', offering German language courses.Justice Mini Pushkarna restrained the use of 'Max...
'Unnatural Sex' With Wife A Punishable Offence, Marital Rape Exception Doesn't Apply To S. 377 IPC: Himachal Pradesh High Court
Himachal Pradesh High Court categorically disagreed with the Uttarakhand High Court's July 2024 judgment, which held that a husband cannot be prosecuted for unnatural sex with his wife under Section 377 of the IPC.
Irregularly Appointed Staff, If Confirmed, Can't Be Terminated Arbitrarily: MP High Court
Madhya Pradesh High Court: A division bench consisting of Justice Suresh Kumar Kait and Chief Justice Vivek Jain, reinstated a university employee terminated after over 25 years of service. The court ruled that his appointment was merely irregular and not illegal, and that subsequent confirmation of service had regularised his post. The court held that confirmed employees cannot...
Insurance Company Liable To Indemnify Driver If Premium For Accident Coverage Has Been Paid: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed an appeal by United India Insurance Co. Ltd., holding that although the 'Act only policy' in motor vehicle insurance covers only third-party damages and injuries but if the Insurance Company is charging premium for personal accident coverage of the driver, it is liable to indemnify the driver.Justice Satyen Vaidya: “Since the insurer has charged...