Bank Has Right Of General Lien Over All Securities Of Customer In Ordinary Course, Unless Agreement Says Otherwise: Rajasthan HC Reiterates

The Jodhpur bench of the Rajasthan High Court has reiterated that a bank has the valuable right of general lien over all securities deposited by or on behalf of the customer in the ordinary course of banking business, unless the agreement is contrary to such right. In doing so the court set aside an order of the single judge directing Canara Bank to return the balance amount to a guarantor...

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case.Justice Vinod S. Bhardwaj said, "...the legal issue that arises for consideration before this Court as to whether an accused/suspect of an offence has...

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court

The Chhattisgarh High Court recently observed that raping a dead body is one of the most horrendous acts one can think of, but the same doesn't amount to any offence punishable under rape laws or the POCSO Act. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that for the commission of an offence of rape, the victim should be alive. The bench...

Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Police Commissioner For Inaction In Visa Fraud Case

Observing "due to the deliberate laxity on the part of the investigating authorities no action was taken by the police authorities despite lapse of nearly 2 year", the Punjab & Haryana High Court imposed a cost of Rs 1 lakh costs on Jalandhar Police Commissioner.An FIR was lodged alleging that the petitioner was duped of over Rs. 4 lakh rupees for providing work permit in...

Follower's Castration Case: Punjab & Haryana HC Directs CBI Court To Decide Afresh Relevance Of Docs Sought By Dera Chief Gurmeet Ram Rahim

The Punjab & Haryana High Court on Friday (December 20) has asked the CBI court to decide afresh in 4 weeks the relevance of certain documents including statements of witnesses sought by Dera Sacha Sauda Chief Gurmeet Ram Rahim for his defence in a case concerning the castration of his follower.It was alleged that a large number of followers were castrated at the behest of the Dera chief...

Bombay High Court Upholds Election Of Shiv Sena Shinde Faction's Ravindra Waikar To Lok Sabha From Mumbai

The Bombay High Court on Thursday dismissed the election petition filed by Amol Kirtikar, a candidate from Uddhav Thackeray faction, who had challenged the election of Ravindra Waikar, a leader from Eknath Shinde faction, to the 18th Lok Sabha from Mumbai North-West constituency.Single-judge Justice Sandeep Marne held that Kirtikar failed to establish how the alleged acts on part of the...

Delhi High Court Protects Personality Rights Of Journalist Rajat Sharma, Orders Take Down Of Deepfake Content

The Delhi High Court has protected the personality rights of senior journalist Rajat Sharma and ordered take down of content generated against him through artificial intelligence and deepfake technology. Justice Amit Bansal restrained 8 defendant individuals and entities from directly or indirectly misusing, misappropriating or exploiting the name, likeness, image, voice, photos, videos etc...

DTAA | Foreign Company Providing Software To Its Agents In India Doesn't Mean It Has 'Permanent Establishment' In India: Delhi HC

The Delhi High Court has held that 'software' being an intangible property, cannot alone constitute 'Permanent Establishment' (PE) of a foreign entity in India. PE is defined under Article 5 of the Double Taxation Avoidance Agreement (DTAA) between India and the United States of America as- a fixed place of business through which businesses of an enterprise are wholly or partly...

BREAKING | 'Not A Dreaded Criminal': Allahabad HC Stays Arrest Of Mohd Zubair Till Jan 6 In Yati Narsinghanand 'X' Post Case

In a significant development, the Allahabad High Court today stayed the arrest of Mohammed Zubair, co-founder of Alt-News, till 6th January in connection with an FIR lodged against him over his post on 'X' (formerly Twitter) regarding an alleged inflammatory speech by Yati Narsinghanand.Orally observing that Zubair is not a dreaded criminal, a bench of Justice Siddhartha Varma and Justice...

Kerala HC Exempts Personal Appearance Of BJP's K Surendran Before Magistrate In Defamation Case For Allegedly Calling The Complainant A Thief

The Kerala High Court in an interim order on Friday (December 20) granted exemption from personal appearance to BJP Kerala State President K. Surendran in a defamation case filed by T. G. N. Kumar (T. G. Nandakumar) before the Ernakulam Magistrate Court claiming that the BJP leader called him (Kumar) a thief. The complaint filed by T. G. Nandakumar alleges that BJP National Secretary...

Mohd Zubair's 'X' Posts With Half-Baked Info Threatened India's Sovereignty, Promoted 'Feeling Of Separatist Activity': UP Govt To Allahabad HC

The Uttar Pradesh government today submitted before the Allahabad High Court that a series of X posts by Mohammed Zubair, co-founder of Alt-News, on Yati Narsinghanand's alleged speech contained half-baked information and they damaged and threatened India's sovereignty and integrity. Additional Advocate General Manish Goyal submitted before a bench of Justice Siddhartha Varma and...

Political Vendetta Argument Can't Be Used To Curb Legal Proceeding: Rajasthan HC Nixes Municipal Head's Plea Claiming To Be Target Of Political Rivals

Dismissing a plea by the Chairman of the Municipal Corporation, Nawalgarh alleging political vendetta behind show cause notices issued to him, the Jaipur bench of the Rajasthan High Court said that political vendetta cannot be used as a shield to curb the initiation of proceedings under the law.The grievance raised by the petitioner was that he belongs to a particular political party and with...