[S.197 CrPC] Want Of Sanction For Prosecution Extended To Members Of Kerala Police Entrusted With 'Maintenance Of Public Order': Kerala HC

The Kerala High Court has held that sanction is required to prosecute members of Kerala Police who are responsible for maintaining public order. The Court also relied upon Sarojini v Prasannan (1996) to clarify that maintenance of public order is a subset of law and order.Notably, Section 197 of CrPC protects judges and public servants from false, vexatious or malafide prosecution. Section...

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C(2) of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. The court clarified that a “cease and desist” direction in an order declaring a transfer illegal does not automatically create monetary entitlements. Furthermore, it...

Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry

The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...

J&K HC Directs Review Of Security Measures After Girl Seeking Protection For Marrying Against Family's Wishes Was Forced Out Of Court By Brother

The Jammu and Kashmir High Court has voiced its serious anguish and concern about the developments which took place on the court premises wherein a petitioner girl was forced out of the corridors of the court against her wishes by a civilian, who was said to be her brother.The petitioner and her husband had approached the J&K High Court seeking protection after marrying against...

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade.Highlighting severe marital dissensions between the husband...

Cannot Come To Rescue Of Proclaimed Offender Seeking Quashing Of Detention Order At Pre-Execution Stage: J&K High Court

The Jammu and Kashmir High Court held that the constitutional courts have a limited jurisdiction to interfere with the detention order at the pre-execution stage. It added that such remedy cannot be even otherwise be sought by a person who is evading the legal process of the court.The petitioner sought to challenge the detention order at the pre-execution stage stating that earlier...

Delhi High Court Refuses Interim Bail To PFI Leader Shahid Nasir In UAPA Case, Asks Him To Move Special NIA Court

The Delhi High Court has refused to grant interim bail to Popular Front of India (PFI) leader Shahid Nasir in a case registered by NIA under UAPA. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that the application for interim bail ought to be first moved before the Special NIA Court.“This Court has not considered the merits of the matter....

Bombay High Court Denies Anticipatory Bail To Bank Employee Who Was Booked For Fraud Of ₹46.58 Lakhs Even After She Returned Amount

The Bombay High Court last week denied anticipatory bail application of a woman employee of cooperative bank, who was booked for siphoning off Rs 46.58 lakhs money off the bank's customers, even after she returned the defrauded amount to the bank.Single-judge Justice Rajesh Patil refused to consider the fact that the applicant before him was a. woman and had already returned the Rs 46.58 lakhs...

Daughter-In-Law Integral Part Of Family, Entitled To Compassionate Appointment: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that a daughter-in-law is an integral part of the family and is entitled to appointment on compassionate grounds. The Court further noted that while the government recognises a son or daughter of the deceased government employee for compassionate appointment, the daughter-in-law, despite not being traditionally classified as family, should also be...

Attempt By Mighty State To Curtail Personal Freedom: MP High Court Quashes Collector's 'Cryptic' Externment Order Against Woman, Fines ₹25K

Quashing a Collector's externment order prohibiting a woman from entering the boundaries of district Umariya and other neighbouring districts for a year, the Madhya Pradesh High Court termed it as "cryptic" observing that it appeared to have been passed due to "other compulsions" rather than the requirements of law. In doing so the court quashed the order observing that it appeared to be...

Giving Notice To Tenant To Vacate Lease Premises Not Defamation: Karnataka High Court Quashes Case Against Senior Advocate Practising At SC

The Karnataka High Court has quashed defamation proceedings against a Senior Advocate of the Supreme Court and his wife, over a complaint filed by their tenant after they sent a notice asking him to vacate their property.Noting that defamation requires an intention to harm the reputation of a person, Justice M Nagaprasanna observed that initiating legal proceedings against a party would...

Removing Hospital From Residential Area Because It Increased Traffic Violates Fundamental Right To Trade: P&H High Court

The Punjab & Haryana High Court has said that the construction of the hospital cannot be challenged on the grounds that it has increased traffic influx in the area, especially when multi-level parking is planned by the State authority. Removing the hospital in this case would be violation of the fundamental right to trade and practice profession under Article 19(1)(g) of the Constitution...