Showing 1939 articles
Conflict Between Two Investigative Agencies: NCB & State Police; Rajasthan High Court Transfers Investigation To CBI As A Neutral Agency
Jodhpur, July 26, 2024 - In a significant ruling, the Rajasthan High Court has ordered the transfer of two conflicting FIRs between the State Police and the Narcotics Control Bureau (NCB) to the Central Bureau of Investigation (CBI), citing the need for an independent and neutral investigation. The case highlights a…
Court Imposes Rs 50K Cost On Litigant For "Disruptive Attitude" During PIL Hearing: Madras High Court
The Madras High Court recently dismissed a Public Interest Litigation (PIL) petition filed by Mr. Rajesh Kumar, citing it as frivolous and devoid of public interest. The court imposed a penalty of ₹50,000 on the petitioner, emphasizing the misuse of the PIL system for personal grievances rather than genuine public…
Are all forms of talaq illegal under triple talaq law? Himachal Pradesh High Court answers
In a recent ruling, the Himachal Pradesh High Court clarified the scope of the Muslim Women (Protection of Rights on Marriage) Act, 2019 by emphasizing that the Act does not criminalize all forms of talaq (divorce), but specifically targets those that are instantaneous and irrevocable. Case Background: The case arose…
Plaint Can't Be Immediately Rejected For Insufficient Stamping Or Lack Of Court Fee, Opportunity To Correct Deficiency Must Be Given: Himachal Pradesh High Court
Shimla, July 16, 2024 – The High Court of Himachal Pradesh, presided over by Ms. Justice Jyotsna Rewal Dua, dismissed a petition challenging an order that refused to reject a plaint under Order 7 Rule 11 of the Civil Procedure Code (CPC). The petition was filed by Shakuntala Devi & Others against Kewal Singh & Others,…
Which court has jurisdiction to extend deadline to complete arbitration? Bombay High Court Answers
In a recent landmark judgment, the Bombay High Court has provided much-needed clarity on the powers of civil courts concerning the substitution of arbitrators under Section 29A of the Arbitration and Conciliation Act, 1996. The case in question revolved around the interpretation of the term "Court" within Section 29A…
Unless Disqualified, Wife Has Absolute Right To Maintenance U/S 125 CrPC If Husband Is Healthy And Capable: Gujarat High Court
In a recent judgment, the Gujarat High Court reaffirmed the importance of maintenance provisions under the Criminal Procedure Code (CrPC), particularly Section 125. This ruling highlights the legal obligations of a husband to support his wife when she is unable to maintain herself due to abandonment. Case Details: In…
Trade Mark Infringement, Court Restrains Indian Pharma Company From Using Mark 'Deceptively Similar' To International Firm: Bombay High Court
Mumbai, August 2024: The Bombay High Court has recently issued an interim order in a trademark infringement case involving prominent pharmaceutical companies. The case centers around allegations made by the Plaintiff against the Defendant regarding the use of a deceptively similar mark. Case Background: The Plaintiff,…
Mere Attempt To Overtake Vehicle On Road Doesn't Mean Rash & Negligent Driving : Supreme Court
In a significant ruling under the Motor Vehicles Act, the Supreme Court of India has revised a compensation award in a motor accident claim, correcting previous findings on negligence and enhancing the amount payable to the claimants. This judgment addresses critical issues related to contributory negligence and the…
Court Quashes Abetment Of Suicide FIR Against Lawyer Engaged By Wife To Pursue Matrimonial Case Against Husband: Gujarat High Court
In a recent judgment, the Hon'ble Gujarat High Court, presided over by Justice Divyesh A. Joshi, has quashed an FIR filed under Section 306 of the Indian Penal Code (IPC), which pertains to the abetment of suicide. The judgment was delivered in the case of XYZ VERSUS The State of Gujarat, where the court meticulously…
Capacity To Give Loan Not Shown, Contradictions In Statements : Supreme Court Upholds Acquittal In Cheque Dishonour Case
In a significant ruling, the Supreme Court of India examined the intricacies of the Negotiable Instruments Act, 1881, particularly focusing on Section 138, Section 139, and Section 140. The judgment arose from a criminal appeal concerning the dishonor of a cheque, where the complexities of debt acknowledgment and…
