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Man Starting New Marriage For 'Greener Pasture' Won't Turn Prior Consensual Relationship Into 'Rape': Kerala High Court
The Kerala High Court, in a recent judgment, held that if a man starts a new marriage in search of 'greener pasture', the same by itself, would not turn his prior, consensual sexual relationships into 'rape' as per the Indian Penal Code.Justice G. Girish clarified that in such cases, consent for earlier sexual relationships cannot be said to have been obtained on false promise to...
Rejection Of Plaint Is “Digression” From Normal Adjudication, Not Routine Option: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure is not a default or routine step in civil adjudication, but a “digression” which courts should resort to only when the plaint, by its own deficiencies, invites such rejection.Terming the exercise of rejection of a plaint in terms of Order VII Rule 11 of...
Multiple Remand Orders U/S 37 A&C Act “Unworkable” Without Reversing Findings On Merits: Madras High Court
The Madras High Court held that multiple remand orders issued by courts under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) without disturbing or reversing the findings on merits recorded by earlier Single Judges were incapable of implementation. The court found the situation unprecedented and unusual holding that the statutory scheme of the Civil Procedure...
Getting Appointment Based On Forged Degree Certificate Is Uncondonable: Supreme Court
The Supreme Court has held that when a candidate's appointment is secured on the basis of a forged educational certificate, the act is “uncondonable” and the dismissal will not be vitiated merely because a full departmental inquiry was not conducted.A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra restored the dismissal of a Delhi Police constable, observing that once...
'Friction In Wheels Of Justice': Delhi High Court Frowns Upon 38-Year Delay In Will Case, Grants Letters Of Administration
The Delhi High Court recently disposed of a 38-year-old Will dispute, remarking that the case exemplifies the “friction” in the wheels of justice, against which the Supreme Court had cautioned in Yashpal Jain v. Sushila Devi and Others (2023).Justice Purushaindra Kumar Kaurav observed that it took 38 long years to decide the dispute and meanwhile, most of the original parties passed away...
Delhi High Court Bars Former Distributor from Selling CREED Perfume, Awards Rs 37.42 Lakh in Damages
The Delhi High Court has granted a permanent injunction in favor of Fontaine Limited, owner of the luxury perfume brand CREED, restraining a former distributor from selling CREED products or using the CREED trademark after the expiry of their distribution agreement. The court also awarded Fontaine damages of Rs 37.42 lakh and legal costs of Rs 7.97 lakh for the unauthorized use of the...
Centre Cannot Retain Wrongly Paid IGST Once Correct Tax Is Paid To State GST Authorities: Karnataka High Court
The Karnataka High Court has held that the Centre cannot retain wrongly paid IGST (Integrated Goods and Services Tax) once the correct tax is paid to the State authorities. Justice S.R. Krishna Kumar observed that since the assessee had wrongly paid IGST and later paid the correct tax to the State GST, the Central government must refund IGST to the assessee....
Supreme Court Seeks MP Authorities' Response On Plea Alleging Illegal Demolition Of Accused's Home
The Supreme Court today sought a response from the Madhya Pradesh authorities in a plea seeking contempt proceedings for the alleged illegal demolition of the petitioner's house in violation of the Supreme Court's directions.The petitioner named Imroz Khan, a resident of Sehore District, has approached the Supreme Court challenging the Madhya Pradesh High Court's refusal to initiate...
Registrar Vacancy At Aryabhatta Research Institute Of Observational Sciences (ARIES)
Aryabhatta Research Institute of Observational Sciences invites application for the post of Registrar on deputation basis.Name of the Post: Registrar No. of Post: 01 (One) Pay Scale: Pay Level12 in the VII CPC Pay Matrix (Rs.78800-209200) Essential Qualification and Experience • Officers working in the Central Government or Recognised Research Institutions or Autonomous Organizations in India: i) holding analogous posts on a regular basis; or ii) 10 years' service in the grade rendered after...
Lok Adalat Has No Jurisdiction In Respect Of Offences That Are Non-Compoundable: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the National Lok Adalat does not have the jurisdiction to discharge the accused in a criminal case involving non-compoundable offences under Section 324 of the Indian Penal Code.The Court reiterated that:“Section 324 of IPC was compoundable earlier, but was made non-compoundable by Section 28(a) of the Code of Criminal Procedure Amendment...