‘Permanent’ Custody Of Children Can’t Be Ordered In Proceedings Under Domestic Violence Act: Bombay HC [Read Judgment]

‘It is only when an application for protection order or for any other relief under this Act is pending, at any stage of hearing of such application, the aggrieved person has been given right to seek temporary custody of the child or children.’The Bombay High Court in Sham Kumbhakarna vs. Yogita has held that no ‘permanent custody’ orders can be made in proceedings under the Protection...

Smell Of Alcohol Not Enough To Prosecute Person For Consuming Alcohol In Public: Kerala HC [Read Order]

In a case of its own kind where a man was being prosecuted for consuming liquor in public on the basis of smell of alcohol while the alco meter gave a “strange result” of 12,777.3 mg per 100 ml, the Kerala High Court has said that a person cannot be prosecuted on the basis of mere smell of alcohol.Justice P Ubaid quashed the prosecution of the petitioner who was being prosecuted under...

In Digital Ecosystem, Telecom Users Have Right Over Personal Data, Companies Are Mere Custodians, Says TRAI [Read Report]

Telecom watchdog Telecom Regulatory Authority of India (TRAI) has said users have the primary right over their personal information while entities controlling or processing this data are mere custodians who should be brought under a data protection framework to protect consumers from misuse of their personal data.“Each user owns his/ her personal information/data collected by/ stored with...

Kerala Church Sex Scandal: SC Stays Arrest Of Two Accused Priests Till Thursday

The Supreme Court today deferred till Thursday the hearing on anticipatory bail plea of Father Soni Abraham Varghese and Father Jaise K George in connection with the sex scandal case involving Malankara Orthodox Syrian Church in Kerala.A Bench of Justice A K Sikri and Justice Ashok Bhushan meanwhile directed that no action shall be taken against the two till Thursday."We are not saying...

‘The Wire’ Stands By Its Article Against Jay Amit Shah; Rules Out Apology

The Wire affirmed that it was standing by its article published against Jay Amit Shah, by ruling out an apology to him. “There is no question of apology”, submitted Senior Advocate Raju Ramachandran, appearing for ‘ The Wire ’ and reporter Rohini Singh, who was the author of the contentious article titled “The Golden Touch of Jay Amit Shah”.“The Wire” has approached the...

Consent Not A Defence For Offences Under POCSO Act: Kerala HC [Read Order]

"A minor girl can be easily lured into giving consent for sexual intercourse since she does not have the capacity to understand the implications thereof. Such a consent, therefore, is treated as not an informed consent given after understanding the pros and cons as well as consequences of the intended action."While denying pre-arrest bail of a person accused of committing offence under POCSO...

Use Of A Trade Name Similar Or Deceptively Similar To The Registered Trade Mark Would Not Constitute Infringement Under Section 29(5) Of Trade Marks Act: Delhi HC [Read Judgment]

" What has been constituted as infringement under Section 29(5) is use of the registered trade mark as trade name or part of the trade name.", Justice Rajiv Sahai Endlaw.The Delhi High Court drew a distinction between cases of infringement by use of 'trade name' under Section 29(5) of the Trade Marks Act, and the cases of infringement by use of 'trademark' under sub-sections (1) to (4)...

No Legal Bar On Indian LLP Merging With Indian Firm, Says NCLT [Read Order]

Can an Indian Limited Liability Partnership (LLP) be allowed to amalgamate with an Indian private limited company under a scheme of amalgamation filed before the National Company Law Tribunal (NCLT)?The NCLT has answered the question in affirmative.“…the legislative intent behind enacting both the LLP Act, 2008 and the Companies Act, 2013 is to facilitate the ease of doing business and...

Lawyer’s Rape At Saket Court: Delhi HC ACJ Gita Mittal Convenes Urgent Meeting, Takes Stock Of Security In Courts

Distt and Sessions judges told to regularly interact with the BarIn wake of the alleged rape of a lady lawyer by a senior colleague in his chamber in Saket court complex two days ago, Delhi High Court Acting Chief Justice Gita Mittal on Monday morning convened a meeting of judges of the high court and district court.ACJ Mittal met the administrative committee of Delhi High Court, which...

Netflix ‘Sacred Games’ Defaming Rajiv Gandhi? Delhi HC Says Actors Not Responsible For Dialogues, Asks If Plea Can Be Heard As PIL

The Delhi High Court on Monday said actors cannot be held responsible for dialogues or enacting their character while seeking to know if a plea seeking deletion of certain scenes from Netflix show ‘ Sacred Games ’ for being derogatory to former Prime Minister Rajiv Gandhi could be heard as a PIL.A bench of Justices Sanjiv Khanna and Chander Shekhar sought to know from the petitioner if...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court allowed a writ petition filed by one Minna Pirhonen, a Finnish citizen, and agreed to transfer the investigation into the ‘mysterious’ death of her son Felix to the Central Bureau of Investigation (CBI).The High Court held that there needs to be a direct nexus between the cost of higher education paid by an assessee and the business activities of...

MCA Constitutes 10 Member Committee To Review Offences Under Companies Act, 2013

The Ministry of Corporate Affairs (MCA) has constituted a 10-member committee to review the penal provisions in the Companies Act, 2013, and examine the need to decriminalise certain offences.As per an official release, the Committee will be submitting its recommendations within thirty days, and will comprise of: Secretary, Ministry of Corporate Affairs T.K. Vishwanathan, Former...