[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court

The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence.A single judge bench of Justice M Nagaprasanna while refusing the quash the abatement to suicide charge against Mayukh Mukherjee said “In the life of husband and wife it cannot be said that there should be...

Allegations Of Fraud And Time-Barred Claims Must Be Addressed By Arbitral Tribunal, Not Court: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that issues such as allegations of fraud and claims that the applicant's claims are time-barred must be addressed by the arbitral tribunal rather than the court. Brief Facts: The matter pertained to a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 which sought the reference of a dispute...

[Rule 76 Rajasthan Minor Mineral Concession Rules] NOC Not Needed By Beneficiary Of Will To Mutate Lease In Their Name: High Court

Rajasthan high Court has ruled that Rule 76 of the Rajasthan Minor Mineral Concession Rules, 2017 (“the Rules”) applies only when the lease holder dies intestate, without any will.Rule 76 of the Rules provides for the procedure of mutation of the mineral license to be executed in the name of the legal heirs when the license holder dies during the subsistence of the license period. The...

Section 34 Challenge Unwarranted If Arbitrator's Judgment Is Well-Reasoned And Based On Evidence: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that if an Arbitrator's judgment is well-reasoned and backed by substantial evidence, there are no grounds to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The matter pertained to a dispute between BLA Projects Private Limited (the claimant/respondent) and...

Trademark Infringement: Bombay High Court Grants Temporary Relief To US Fast-Food Giant "Burger King", Restrains Pune-Based Outlet

In a temporary respite for the United States food giant 'Burger King' the Bombay High Court on Monday granted an ad-interim order, restraining a Pune-based food joint from using the trademark 'Burger King' till further hearing in the matter.A division bench of Justices Atul Chandurkar and Rajesh Patil said it will hear the appeal filed by Burger King Corporation, the US food company through...

Delhi High Court Orders Website To Pay Rs. 5 Lakh Costs To Louis Vuitton For Unauthorised Use Of Copyrighted Photos

The Delhi High Court has recently ordered Rs. 5 lakhs as costs in favour of famous French luxury brand Louis Vuitton in its suit against a website for use of its photographs without authorization.Justice Mini Pushkarna directed the website, www.haute24.com and its owner to pay the costs to Louis Vuitton, which is situated in France, directly.The court also injuncted the website from using...

Denial Of Admission To Any Child After Seat Allotment By Directorate Of Education Violates Objectives Of RTE Act: Delhi High Court

The Delhi High Court has observed that denial of admission to any child once allotment of seat is done by the Directorate of Education (DoE) would be in violation of the objectives which the Right to Education Act seeks to achieve.Justice Purushaindra Kumar Kaurav said that once an impression of legitimate expectation of admission is triggered in the minds of students who successfully find...

Rajasthan High Court Asks Police To Consider Protection Plea By Already Married Live-In Partners

Rajasthan High Court has directed the local Police to consider providing necessary protection to a man and woman living in a live-in relationship outside their respective wedlocks.The bench of Justice Arun Monga was hearing a petition filed by a mother of four and a father of one who were living together in a relationship for past few days, without getting any divorce from their...

Constitutional Courts Entertaining Writ Petitions Without Proper Caution Would Breach Trust Of Genuine Litigants: Delhi High Court

The Delhi High Court has observed that a writ petition under Article 226 of Constitution of India, which alleges encroachment on government land, cannot be entertained if it requires the court to conduct a 'roving or fishing enquiry' into disputed facts of the case.Justice Purushaindra Kumar Kaurav observed that Article 226 is a public law remedy and cautioned that entertaining writ...

Ordinary Tiff Between Parties No Evidence Of Motive To Kill: Rajasthan High Court Grants Bail To Murder Accused

Rajasthan High Court has ruled that mere existence of some kind of tiff between the accused and the deceased could not be taken as evidence of accused's motive to kill the deceased. It thus granted bail to a murder accused who was behind bars since 2021, only on the basis of circumstantial evidences put forth by the prosecution.The prosecution had put forth three main circumstantial...

“Atrocious Game By State”: Madras High Court Imposes Rs 5 Lakh Cost On State For Filing Frivolous Appeals Over Salary Dispute

The Madras High Court recently imposed a cost of Rs.5 lakh on the State of Tamil Nadu for filing appeals against orders directing it to pay salaries to Assistant Professors. While ordering the exemplary costs, the bench of Justice R Subramanian and Justice L Victoria Gowri said it hoped the order would serve as an example and prevent the State from filing such appeals. The...

Delhi High Court Dismisses Challenge To Rule Requiring Filing Of Written Statement Within 120 Days, Says Original Side Rules Override CPC Provisions

The Delhi High Court has upheld the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which mandates that a written statement has to be filed within 120 days, including in non-commercial matters.The Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna held that the High Court is empowered to frame its own rules and procedure in...