Showing 1939 articles
Arbitrary Denial of Emergency Leave to Convict to Attend Brother’s Son’s Marriage Violates Articles 14 and 15: Kerala High Court
The Kerala High Court has ruled that there cannot be any discrimination between the children of a brother and the children of a sister while granting emergency leave to a convict to attend their marriage. Dr. Justice Kauser Edappagath observed that applications seeking emergency leave to attend the marriage of a…
Cheque Dishonour Under Section 138 NI Act: High Court Upholds Conviction of Accused in Mahalaxmi Jewellers Case – Himachal Pradesh High Court
Background of the Case The case involves Smt. Usha Goel, Proprietor of Mahalaxmi Jewellers as the complainant who filed a complaint under Section 138 of the Negotiable Instruments Act (NI Act) against the accused, who had issued cheques that were later dishonoured. The accused had argued that the cheques were given as…
Use of Condom and Time Gap Can Explain DNA Mismatch in Rape Cases: Delhi High Court
The Delhi High Court has held that the absence of DNA matching in a rape case is not fatal to the prosecution when surrounding circumstances, including the use of a condom by the accused and delays in medical examination, reasonably explain such absence. Justice Neena Bansal Krishna dismissed a criminal appeal filed…
Interim Ban on YouTube Channels Streaming Raj Television’s Tamil Films Not Lifted: Madras High Court
The Madras High Court has passed a significant order under the Copyright Act, 1957, refusing to lift an interim injunction imposed on a YouTuber accused of unauthorised streaming of copyrighted Tamil films. The Court held that copyright holders are entitled to strong protection when digital rights are exploited…
Single FIR Permissible in Mass Cheating Cases Arising from One Conspiracy: Supreme Court
The Supreme Court of India addressed a significant issue concerning registration of FIRs in cases of criminal conspiracy resulting in cheating multiple victims. The case arose from FIR No. 89 of 2009 registered by the Economic Offences Wing of Delhi Police against Ashok Jadeja and his associates, including Khimji Bhai…
Married Woman Undergoing Abortion Due to Marital Discord Not an Offence if Conducted as per MTP Act: Delhi High Court
The Delhi High Court reaffirmed the rights of women to make decisions regarding their reproductive health. The Court addressed a case where a woman underwent an abortion at 14 weeks of pregnancy due to marital discord affecting her mental health. The summoning of the woman under Section 312 of the Indian Penal Code…
Revisiting Presumption of Debt in Cheque Dishonour Cases: High Court Sets Aside Acquittal and Reaffirms the Scope of Section 138 of the Negotiable Instruments Act – The High Court Of Himachal Pradesh
Introduction of the Case The Himachal Pradesh High Court at Shimla delivered an important judgment on 01 January 2026 in Criminal Appeal No. 4176 of 2013, clarifying the scope and strength of legal presumptions under the Negotiable Instruments Act, 1881. The appeal was decided by Hon’ble Mr Justice Rakesh Kainthla,…
Family Court Retains Jurisdiction to Decide Property and ‘Stridhan’ Claims Even After Divorce Decree: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a Family Court does not lose its jurisdiction to decide disputes relating to stridhan, gifts, and other matrimonial property merely because a decree of divorce has already been passed between the parties. The ruling clarifies that property disputes between spouses must…
₹3.73 Lakh Compensation Restored in Driver Death Case; Telangana High Court Order Set Aside: Supreme Court
The Supreme Court of India on Monday restored the compensation awarded to the family of a deceased driver, setting aside a judgment of the Telangana High Court which had denied relief by disputing the employer–employee relationship. The Court held that the High Court committed serious factual errors and wrongly…
Trade Marks Registry Order Rejecting “Fresh Not Frozen” Mark Upheld: Madras High Court
The Madras High Court has dismissed an appeal filed by Freshtohome Foods Private Limited, a Bangalore-based online grocery and food delivery company, challenging the rejection of its trademark application for the brand “FRESH NOT FROZEN”. The appeal was directed against an order passed by the Trade Marks Registry in…