Showing 1939 articles
Maintenance Reflects Joint Parental Duty And Child’s Right To Support, Not An Act Of Charity: Delhi High Court
In a significant ruling concerning interim maintenance under the Protection of Women from Domestic Violence Act, 2005, the Delhi High Court dismissed a criminal revision petition filed by a husband challenging the interim maintenance of Rs. 50,000 per month awarded for his two minor children. The Court emphasized that…
Lack Of Proof Of Victim’s Age Leads To Acquittal Under POCSO; Father & Priest Convicted Under IPC Instead: Madras High Court
In a recent judgment, the Madurai Bench of the Madras High Court partially allowed two criminal appeals related to charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court examined whether the prosecution was able to prove the victim's age to sustain a conviction under the POCSO…
IAS Officer Penalized With One-Month Jail In Contempt Proceedings, Directed To Compensate From Personal Salary: Madras High Court
The Madras High Court has sentenced IAS officer Anshul Mishra to one month simple imprisonment for civil contempt due to his failure to comply with a previous court order in a land dispute case. However, the court has suspended the sentence, allowing the officer to file an appeal. Compensation Ordered from Officer’s…
Arbitration Compulsory For Resolving Inter-Bank Disputes Arising Under SARFAESI Act: Supreme Court
The Supreme Court has ruled that all disputes between banks, financial institutions, Asset Reconstruction Companies (ARCs), and qualified buyers over secured assets must be resolved through arbitration under Section 11 of the SARFAESI Act. A Bench of Justices JB Pardiwala and Pankaj Mithal held that such matters…
Scheduled Tribe Woman Reinstated As Civil Judge After Illegal Removal By High Court: Supreme Court
In a significant judgment protecting constitutional values and procedural fairness, the Supreme Court on Thursday reinstated Pinky Meena, a woman from a Scheduled Tribe community, to the Rajasthan Judicial Service (RJS). Meena had been discharged from service by the Rajasthan High Court in 2020 during her probation…
Use Of Mark In Trade Name Alone Doesn’t Amount To 'Trademark' Usage: Delhi High Court
The Delhi High Court has clarified that simply including a name in a business’s trading or manufacturing license does not automatically make it a trademark entitled to legal protection under the Trade Marks Act, 1999. The Court emphasized that trademark rights do not exist in a vacuum and must be established through…
Supreme Court Enhances LDCE Quota For District Judge Promotions From 10% To 25%
On Tuesday, the Supreme Court passed a landmark ruling in favor of increasing the quota for promotions to District Judge through the Limited Departmental Competitive Examination (LDCE) from 10 percent to 25 percent for Civil Judges (Senior Division). This ruling, delivered by a Bench comprising Chief Justice of India…
Trademark Protection For Common Names Like ‘NEHA’ Depends On Distinctiveness: Delhi High Court
In a significant ruling, the Delhi High Court has held that common Indian names such as "NEHA" can be registered and protected as trademarks under the Trade Marks Act, 1999, but only if the name has acquired secondary meaning through long-standing commercial use. The ruling came in a trademark dispute between Sahni…
Misuse Of Section 498A IPC Flagged In 26-Year-Old Dowry Cruelty Case, Husband Acquitted: Supreme Court
The Supreme Court of India recently acquitted Rajesh Chaddha, a man who had been convicted 26 years ago in a case related to dowry harassment and cruelty to a married woman under Section 498A of the Indian Penal Code (IPC) and the Dowry Prohibition Act, 1961. The Bench, comprising Justices BV Nagarathna and Satish…
Separate Orders Must Be Passed For Bail Bond Cancellation And Penalty Imposition: Himachal Pradesh High Court
In a recent decision, the Himachal Pradesh High Court, while hearing Criminal Appeal No. 247 of 2024, held that separate orders must be passed for cancellation of bail bond and for imposition of penalty under Section 446 of the Criminal Procedure Code, 1973. The judgment was delivered by Justice Virender Singh, who…
