News Updates
RSS A Definite & Identifiable Body, Members Have Locus Standi To File Defamation Complaint U/S 499 IPC: Kerala High Court
The Kerala High Court has recently ruled that a complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory article published in a newspaper about the RSS is maintainable under Section 499 of the Indian Penal Code (IPC).Justice Sophy Thomas noted that since the RSS is a definite and identifiable body, any individual member of RSS has the locus standi...
Disputes Between Parties To Contract Not A Ground For Restraining Enforcement Of Bank Guarantee: Chhattisgarh High Court
The Chhattisgarh High Court has recently held that the bank can be restrained from enforcement of unconditional and absolute performance bank guarantee by interim injunction only in case of fraud or special equities, to prevent irretrievable injustice. Justice Arvind Singh Chandel further held that existence of disputes between the parties to the contract is not a ground for issuing an order...
Focus On Circumstances Of Girl's Suicide, Don't Harass Person Who Filmed Allegations About Religious Conversion: Madras High Court Tells Police
In a petition filed for transfer of investigation pertaining to the demise of a 17-year-old girl to CB-CID or other independent investigating agencies, Madurai bench of Madras High Court has asked the police authorities to focus on the circumstances that led to her suicide. The court said so in light of allegations that the police was harassing the person who allegedly videographed the...
Advanced License Fee Is An Operational Debt And Notice U/s 138 NIA Is Not A Dispute Under IBC: NCLT, Delhi
The NCLT, Delhi Bench comprising of Justice Abni Ranjan Kumar Sinha (Judicial Member) and Mr. Avinash K. Srivastava (Technical Member) in Ashimara Housing Private Limited v. Vibrus Homes Private Limited has held that advanced deposit towards license fee would be considered as an Operational Debt and issuance of notice under Section 138 of the Negotiable Instruments Act is not a...
Section 60/61 Contract Act - If Adjustment Is Made Towards A Particular Invoice, It Can't Extend Limitation For Other Outstanding Invoices: Bombay High Court
The Bombay High Court has held that once a payment has been applied as per creditor's discretion under Section 60 of the Contract Act to a few of the pending invoices instead of all, and the period of limitation has expired regarding all of them, the creditor then cannot take the plea that cheque payment getting dishonoured will extend the period of limitation on all pending...
ED Does Not Have 'All India Jurisdiction': Sr Adv Kapil Sibal Argues In Delhi High Court For Quashing Summons Issued To TMC's Abhishek Banerjee
The Delhi High Court on Friday heard Senior Advocate Kapil Sibal, appearing for TMC MP Abhishek Banerjee and his wife in their plea seeking quashing of summons issued to them by the Enforcement Directorate in connection with West Bengal coal scam case.The duo, permanent residents of Kolkata, were directed to appear before ED for interrogation in Delhi. They had moved the High Court in...
Delhi Court Frames Sedition Charge Against Sharjeel Imam In Case Concerning Anti-CAA Speeches Made At AMU, Jamia
A Delhi Court on Monday framed charges against Sharjeel Imam in a case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.Additional Sessions Judge Amitabh Rawat framed charges under Sections 124A (sedition), 153A (Promoting enmity between different groups on grounds of religion, etc.),...
Breaching Promise To Marry Will Not Amount To Offence Of Cheating Under IPC : Karnataka High Court
The Karnataka High Court while quashing the FIR registered against a man and his family has reiterated that not abiding with the promise of marriage will not amount to the offence of cheating under section 420 of the Indian Penal Code. A single-judge bench of Justice K Natarajan while allowing the petition filed by Venkatesh and others said "Absolutely there is no...
All High Courts Weekly Roundup: 17 January- 22 January, 2022
Allahabad High Court1. Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court Case title - Sanjeev Rai v. State of U.P. and AnotherCase citation: 2022 LiveLaw (AB) 14Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the High Court recently observed that nowadays, it...
Fake 'Kajaria Tiles' Dealership: Delhi High Court Grants Interim Relief In Trademark & Copyright Infringement Suit
Finding prima facie case in favour of Kajaria Ceramics, the Delhi High Court has issued a temporary injunction under Order 39 of CPC, restraining the Defendant from infringing the tile manufacturer's registered trade marks, copyright, domain names, etc.While granting interim relief, Justice Amit Bansal observed,"Defendant no.5 is defrauding the public by deceiving them into believing that...
Woman Expresses Second Thoughts About Marriage Against Family Wishes; Supreme Court Dissolves Marriage, Quashes FIR Against Husband
The Supreme Court recently dissolved a marriage exercising powers under Article 142 of the Constitution in a case of a woman who married a man against her family's wishes.The woman's family members had lodged an FIR alleging rape and abduction against the husband. Few of the family members of the husband were also arrayed as accused in the FIR for the offence of abduction. The man and the...