Madras HC Finds Shaadi.com's "30-Day Money Back Guarantee" Ad Slogan Prima Facie Misleading, Says Real Terms 'Tucked In Fine Print'

The Madras High Court has held that a recent advertisement of the matrimonial company Shaadi.com giving money back guarantee if unable to find a bride/groom in 30 days is prima facie misleading and deceptive. Justice RMT Teeka Raman observed that real terms of the offer, which is "contrary" to the promise made in the ad, are "tucked in fine print". As per the terms and conditions, the...

[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Kerala High Court

The Kerala High Court has clarified that before issuing notice to an accused named in the complaint, the Magistrate must first examine the complainant and witnesses on oath as per Section 223 (1) of the BNSS. It further clarified that as per first proviso to Section 223 (1), if the Magistrate decides to take cognizance of the offence, the accused should be given an opportunity of hearing....

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory...

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. Justice Swarana Kanta Sharma said that in case a judge proceeds on leave, it must be...

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

The Delhi High Court has observed that while moral views of a judge has no role to play in adjudication of cases but Courts must consider the social background in which the offences take place. “While the moral views of the judge or a particular segment of society should have no role in such adjudication, courts must consider the social background and circumstances in which incidents...

Madhya Pradesh High Court Imposes Cost On State While Allowing It To Respond To 2020 PIL Claiming Violation Of Land Acquisition Act

The Jabalpur bench of the Madhya Pradesh High Court imposed a cost of Rs. 30,000 on the State while permitting it to file its written submissions in a 2020 PIL, challenging a government notification on the ground that it violates the Land Acquisition Act 2013 inasmuch as it decreases the multiplying factor for calculation of market value of land.The division bench of Chief Justice Suresh...

Denying Phone Call Access To Prisoners Involved In MCOCA, Terrorist Acts Not Arbitrary: Delhi High Court's Prima Facie View

The Delhi High Court has recently observed that prima facie, denial of telephonic calls to prisoners involved in terrorist activities and offences under the Maharashtra Control of Organized Crime Act (MCOCA) and Public Safety Act is not arbitrary. “Prima facie, the denial of regular telephonic and electronic communication to a prisoner who is involved in terrorist activities and offences...

'Open For State To Decide': Bombay High Court Disposes Suo Motu PIL On State Government's Proposed Cluster School Policy

The Bombay High Court on Wednesday (January 29) disposed of a suo motu PIL concerning the State Government's proposed 'cluster school policy'. The Court had taken suo moto cognizance based on various newspaper reports which stated that to improve education across the State, the State government would merge smaller schools with bigger schools within the vicinity. During the hearing today,...

Gujarat High Court Registers Suo Motu PIL For Proper Maintenance Of Ramsar Wetland Sites In State

The Gujarat High Court on Wednesday (January 29) took suo-motu cognizance for the maintenance of wetlands in the areas of Nalsarovar, Wadhwana Wetland, Thol Lake, Khijadia Wildlife Sanctuary and Nadabet in the state. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted that the present PIL had been registered as suo motu petition in view of Supreme Court's...

While Commercial Speech Falls Within Free Speech, Contract Prohibit Adverse Remarks: Bombay HC Imposes 90-Day Injunction On Wonderchef's Distributor

Observing that commercial speech is a part of 'free speech' guaranteed by the Constitution of India, the Bombay High Court imposed a 90-day injunction against an Australia-based distributor of Wonderchef Home Appliances, owned by Celebrity Chef Sanjeev Kapoor, from making any comments or communications which could harm the reputation of the company, due to a contractual clause preventing...

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman

The Allahabad High Court (Lucknow Bench) today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty...

EPF Pension | Kerala HC Restrains EPFO From Reducing Higher Pension Of Petitioners Who Contributed Based On Their Actual Salary

The Kerala High Court by an interim order directed the Employees Provident Fund Organisation (EPFO) to not reduce the higher pension drawn by certain persons who retired from Travancore Titanium. The order was passed by Justice Murali Purushothaman in a writ petition filed by 41 pensioners.The Employee Provident Fund Organisation had sent a letter to these employees saying that their pension...