Suspecting Custodial Death Of Man Missing Since 2018, Allahabad High Court Converts Habeas Plea To Criminal Writ; Slams DGP

Expressing deep concern regarding the disappearance of a man missing from police custody since 2018, the Allahabad High Court on Tuesday observed that the matter may effectively be a case of "custodial death, where the policemen have murdered the missing man." Unconvinced by the explanation offered by the Uttar Pradesh Director General of Police (DGP), a Division Bench of Justice JJ...

Peaceful Expression Cannot Be Criminalized Based On Vague Allegations: Madras High Court Quashes Case Against Hindu Munnani Workers

The Madras High Court has recently quashed a case registered against members of the Hindu Munnani for participating in an alleged unlawful protest. Justice Victoria Gowri noted that the FIR did not disclose any specific act against the members and merely alleged that they had participated in a protest organised by their political organisation. The court observed that criminal law...

“Honour Killing Continues To Plague Indian Society”: Madras High Court Refuses To Grant Bail To Cop In Kavin Honour Killing Case

The Madras High Court has refused to grant bail to Saravanan, Sub Inspector of Police, accused of in the honour killing of Kavin, a techie in Tirunelveli district of Tamil Nadu. While dismissing Saravanan's appeal against the District Court's refusal to grant bail, Justice K Murali Shankar observed that honour killing continued to plague Indian society despite the...

Delhi High Court Restrains Online Stores Selling Counterfeit S Chand Books, Orders Flipkart To Remove Listings

The Delhi High Court has restrained four online bookstores from selling counterfeit versions of S Chand and Company Limited's textbooks after finding that pirated copies of the publisher's works were being sold through their storefronts on Flipkart. The Court also directed Flipkart to take down the infringing listings. A single bench of Justice Manmeet Pritam Singh Arora passed the...

SARFAESI Act | Secured Creditors To Get Priority After Enactment Of S.26E: Punjab & Haryana High Court

Observing that post-notification of Section 26E of the SARFAESI Act on 24.01.2020, debts due to secured creditors must be accorded statutory priority over all other dues, the Punjab & Haryana High Court has clarified that in all cases where the charge was created after the said date, secured creditors will rank above State revenue claims. The Court noted that numerous litigations are...

Filing Entrepreneur Memorandum Not Mandatory Under MSME Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that filing an Entrepreneur Memorandum is not a mandatory requirement for micro and small enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.The Court remarked that micro and small enterprises are not bound to file the Entrepreneur Memorandum within 180 days of commencement of the MSMED Act, as the filing was voluntary,...

Makar-Sankranti Festival: MP High Court Orders Strict Implementation Of Chinese Manjha Ban

The Madhya Pradesh High Court, on Thursday (December 11), directed the Indore Police Commissioner and Superintendent of the adjoining district to ensure the strict implementation of the ban on the manufacture, sale, storage and use of Chinese Nylon Threat (Manjha). On December 8, the bench had directed the Registry to register a suo motu public interest litigation regarding the illegal sale...

Gujarat High Court Slams State For Wasting Public Funds By Filing Frivolous Plea In Private Dispute Between Heirs, Orders Inquiry

The Gujarat High Court on Thursday (December 11) dismissed State's appeal against a single judge's decision which had quashed orders passed by the revenue authorities refusing mutation of a land to a woman, which was based on consent decree between her and her brother passed by the civil court. In doing so the court said that it was deeply disturbed by the State filing frivolous appeal by wasting public funds and judicial time in a case where the State had no interest in the land in...

P&H High Court Allows PSU's Claim For RD Sale Deduction, Says Benefit Cannot Be Denied Based On Stolen But Genuine ST-15 Forms

In a significant relief to a Government of India Public Sector Undertaking (PSU), the Punjab & Haryana High Court has set aside orders passed by the Assessing Authority and the Haryana Tax Tribunal disallowing Recurring Deposit sale deduction on the basis that the ST-15 forms furnished by purchasing dealers were stolen or not backed by renewed registration.A bench of Justice Jagmohan Bansal and Justice Amarinder Singh Grewal noted, "It is undisputed that forms were genuine though stolen. Had...

Outsourced Forest Staff Cannot Be Discontinued Over Mere Classification Under 'Wrong Salary Head': Uttarakhand High Court

The Uttarakhand High Court has granted relief to a slew of outsourced workmen (petitioners) of the Uttarakhand Forest Department— whose engagement was discontinued on the sole ground that there was a change in the salary head from which their wages were being drawn— directing the State Government to not discontinue the services of such workmen on such grounds.The services of the petitioners— who were engaged through outsourcing in different divisions of Uttarakhand Forest Department (Respondent)...

SARFAESI Sale Cannot Proceed If Sale Certificate Is Not Issued Before IBC Moratorium: Bombay High Court

The Bombay High Court on Wednesday held that a secured creditor cannot proceed with a SARFAESI sale once an interim moratorium under the Insolvency and Bankruptcy Code comes into force. It rulled that the Union Bank of India was not entitled to accept balance payments or issue a sale certificate after the personal insolvency process against the borrower had commenced. In an order passed...

Delhi High Court Temporarily Bars Bhiwadi School From Infringing Delhi Public School's Well-Known Trademark

The Delhi High Court has temporarily restrained a Bhiwadi, Rajasthan-based school from using the name “Delhi Public School International,” the acronym “DPS,” or a torch-and-shield logo after finding them deceptively identical to the well-known marks of the Delhi Public School Society (DPS Society). The court also ordered that the school's domain name be suspended. Justice Manmeet...