Article 226 Petition Can Be Moved Even When Fundamental Right Is Threatened, Provided Apprehension Is Well Founded: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday reiterated that a petition under Article 226 can be entertained even when the fundamental right of a citizen is threatened and one need not await the actual prejudice or adverse effects for filing the same, provided his apprehension is well founded.The observations were made by Justice Rajesh Sekhri while hearing a plea in terms of which...

Delhi High Court Restrains 24 Food Entities From Using ‘Khan Chacha’ Trademark, Directs Zomato And Swiggy To Delist Infringers

The Delhi High Court has restrained 24 food entities from using “Khan Chacha” trademark and also directed their delisting from the platforms of food delivery companies Zomato and Swiggy.Justice C Hari Shankar observed that Gupta and Gupta Private Limited, which has been using “Khan Chacha” trademark since 1972, has made out a clear prima facie case of infringement in its favour....

Madhya Pradesh High Court Dismisses Congress Leader Kantilal Bhuriya's Plea Against Guman Singh Damor's 2019 Election To Lok Sabha

The Madhya Pradesh High Court, Indore Bench, has dismissed Congress leader Kantilala Bhuriya's petition that had challenged BJP MP Guman Singh Damor's election to the Lok Sabha in 2019 from Ratlam constituency.The court reiterated that the petitioner, challenging an election result, is required to prove that the result has been materially affected due to non-compliance of the provisions of...

Kerala High Court Initiates Suo Motu Contempt Case Against KM Shajahan Over YouTube Video Against HC Judges

A suo motu contempt case has been initiated against K.M. Shajahan, the then private secretary of the former Chief Minister of Kerala V.S. Achuthanandan, for the serious allegations levelled by him against High Court judges in a YouTube video. The Registry has been directed to serve a copy of the contempt case on the Advocate General, as stipulated under Rule 8A of the Rules under the Contempt...

Haryana Court Issues Arrest Warrant Against Deepak Chaurasiya In POCSO Case For Non-Appearance Due To An 'Interview With UP CM'

Another arrest warrant has been issued against Journalist-News Anchor Deepak Chaurasiya in a 2013 case for allegedly airing 'morphed, edited & obscene' videos of a 10-year-old girl and her family and linking the same to a sexual assault case. The Additional Sessions Judge, Gurugram Shashi Chauhan issued a Non-Bailable Warrant against him after he failed to appear before the Court...

Satyam Scam: SAT Sets Aside SEBI Order Barring Ramalinga Raju & Others From Dealing In Securities Market For 14 Yrs, Seeks Fresh Order In 4 Months

The Securities Appellate Tribunal (SAT) has set aside an order of market’s regulator SEBI barring erstwhile promoters of Satyam - Ramalinga Raju, Rama Raju, and others – from dealing in the securities market for 14 years and ordering disgorgement of Rs. 813 crores. SAT has remanded the matter back to SEBI and directed the Whole Time member who passed the order on November 2, 2018...

Removing Minor Victim's Pant After She Herself Refuses To, Amounts To Attempt To Commit Rape: Calcutta High Court

The Calcutta High Court has recently held that removing a minor victim's pants after she refused to do so herself amounts to an attempt to commit the offence of rape. The Court was adjudicating upon an appeal passed against a trial court order convicting the appellant under Section 376 (punishment for the offence of rape) read with Section 511 (punishment for attempting to commit...

Sunanda Pushkar Death Case: Shashi Tharoor Opposes Delhi Police’s Plea To Condone Delay In Moving High Court Against His Discharge

Congress MP Shashi Tharoor has opposed a plea moved by Delhi Police seeking to condone delay in moving the Delhi High Court in filing appeal against trial court's decision to discharge him in the Sunanda Pushkar death case.Tharoor has submitted that police’s application seeking condonation of delay lacks details of the decision taken by Directorate of Prosecution in preferring the...

Gauhati High Court Grants Relief To Assam Resident Whose Deceased Mother Was Declared 'Foreigner' By Ex-Parte Opinion Of Foreigner's Tribunal

The Gauhati High Court on Monday came to the rescue of an Assam resident aggrieved by an ex-parte opinion of the Foreigner's Tribunal, declaring his dead mother a 'foreigner'. The petitioner, Tarapada Namadas, contended that because of such opinion, his legal rights otherwise as a citizen of India are being questioned by some of the authorities. However, finding the opinion to be...

Chain Of Evidence Not Conclusive, Conviction Prima Facie Erroneous: Gujarat HC Suspends Life Sentence Of Former MP's Nephew In RTI Activist Murder Case

The Gujarat High Court on Monday suspended the life sentence imposed by a CBI Court on Pratap @ Shiva Solanki, nephew of former BJP MP Dinu Solanki, in connection with RTI activist Amit Jethva murder case of 2010.The court also released Shiva on conditional bail, pending disposal of criminal appeal before the High Court.RTI Activist Amit Jethva who tried to expose illegal mining activities in...

Twitter Can't Espouse Freedom Of Speech Of Its Users In Absence Of Enabling Statute: Centre Defends Blocking Orders In Karnataka High Court

The Central government on Tuesday opposed the petition filed by Twitter challenging the blocking orders passed by the Government of India. Additional Solicitor General R. Sankaranarayanan appearing for the government questioned the maintainability of the petition filed by the Foreign company. He said,“The petitioner being a foreign company cannot avail any remedy of...

Virginity Test Is Sexist, Can’t Be Performed On Female Accused In The Name Of Finding Truth: Delhi High Court

Calling it a form of “inhuman treatment”, the Delhi High Court on Tuesday held that conducting virginity test on a female detainee or accused under investigation is unconstitutional and in violation of her right to dignity enshrined under Article 21 of the Constitution of India.Justice Swarana Kanta Sharma held that virginity test is “sexist” and violates human right to dignity of...