Showing 1939 articles
Employee Shifting to Another Cadre Cannot Later Claim Regular Promotion in Former Cadre: Calcutta High Court
A Division Bench of the Calcutta High Court consisting of Justice Madhuresh Prasad and Justice Prasenjit Biswas delivered an important judgment clarifying the relationship between the Career Advancement Scheme and subsequent claims for regular promotion. The Court held that an employee who has already availed benefits…
Cheque Dishonor Dispute: Did the Complainant Prove the Debt? High Court's Verdict in a Key Section 138 Case – Chhattisgarh High Court
In a significant ruling under Section 138 of the Negotiable Instruments Act, 1881, the High Court of Chhattisgarh has dismissed an appeal filed by the complainant against the acquittal of the respondent. The appeal stemmed from a dishonored cheque issued by the respondent for an alleged debt, but due to lack of proper…
Divorce Granted After Court Finds Couple Separated for 24 Years Over Dispute Arising from Wife Taking Up Employment: Supreme Court
The Supreme Court of India has held that when spouses hold fundamentally opposite and irreconcilable views about marriage and refuse to accommodate each other, such conduct itself amounts to mental cruelty and becomes a valid ground for divorce. The Court emphasized that a marriage burdened with resentment, rigid…
Tax Refunds Mean Actual Payment, Not Mere Paperwork; Interest Ordered on Delayed VAT Refund Despite Covid-Era Excuses: Andhra Pradesh High Court
The Andhra Pradesh High Court at Amaravati decided an important tax refund dispute clarifying that when the government delays a statutory tax refund, it must pay interest until the money is actually credited to the taxpayer’s account. The Court ruled that clearing files or passing refund orders does not amount to a…
Revisional Powers Must Be Exercised Within Reasonable Time Even in Fraud Cases; Merits Cannot Justify Inordinate Delay: High Court of Jammu & Kashmir and Ladakh
The High Court of Jammu & Kashmir and Ladakh delivered an important judgment protecting settled land rights by quashing an order passed by the Financial Commissioner (Revenue), which had reopened and annulled decades-old revenue mutations. The Court held that even in cases alleging fraud, revisional powers cannot be…
Motor Accident Compensation Reduced; Inflated Income Claims Cannot Become Windfall for Victims’ Families: Supreme Court
The Supreme Court recently intervened in a motor accident compensation case involving the family of a man who died in a road accident on 29 August 2017. The deceased, described by his family as a transporter owning two trucks, was killed when his vehicle was hit at high speed by another vehicle. Following the…
Bata’s Exclusive Rights over ‘POWER’ Mark Upheld; Use of ‘POWER FLEX’ Restrained in Footwear Branding Dispute: Delhi High Court
The Delhi High Court recently heard a high-profile trademark dispute between Bata India Ltd and Leayan Global Pvt Ltd, involving the use of the word mark “POWER”. Bata, a long-established footwear company, alleged that Leayan’s mark “POWER FLEX” infringed its registered trademark “POWER”, which Bata has been using for…
Instant Bollywood Founder Fined ₹20 Lakh for Suppression of Material Facts in Trademark Case: Delhi High Court
This news concerns a trademark dispute decided by the Delhi High Court involving the popular digital entertainment brand Instant Bollywood. The case was filed by Mandeep Singh, founder of Instant Bollywood, against Shabir Momin and others, including the Trade Marks Registry and Times Internet Inc. The dispute relates…
Mere Filing of Complaints, Even if Later Found False, Does Not Constitute Defamation: Delhi High Court
The Delhi High Court has clarified an important legal principle relating to the offence of defamation under the Indian Penal Code. The Court held that mere filing of complaints, even if such complaints are later found to be false, does not automatically amount to defamation. The ruling explains that criminal…
Stridhan and Gifts Cannot Be Treated as Source of Income to Defeat Wife’s Claim for Maintenance: Delhi High Court
The Delhi High Court delivered an important ruling clarifying the law on maintenance payable to a wife. The Court held that stridhan, inherited property, or gifts received by a wife from her parents or relatives cannot be treated as her income to deny or reduce maintenance payable by the husband. The judgment…
