Showing 1939 articles
Death Sentence Commuted Due to Split Verdict Between Division Bench: Jharkhand High Court
The Jharkhand High Court recently addressed a rare and sensitive legal situation—whether the death penalty can be affirmed when two judges of a Division Bench have delivered conflicting views on conviction. Justice Gautam Kumar Choudhary, hearing the Death Reference, held that a divergence of judicial opinion itself…
Arbitrator’s Fee Termination Examined; Court Considers Party Consent and Remedies After Punjab & Haryana High Court Declines Fresh Arbitration Appointment: Supreme Court
The Supreme Court revisited a complex arbitration battle between Harshbir Singh Pannu and Jaswinder Singh, a dispute that had travelled through arbitration forums and the Punjab & Haryana High Court before reaching the country’s highest court. The controversy arose from the collapse of their partnership business,…
Divorced Woman’s Right to Marital Gifts Restored; Court Emphasizes Need to Consider Social Reality of Muslim Women: Supreme Court
In a brief yet intense hearing, the Supreme Court set aside a Calcutta High Court judgment and held that a divorced Muslim woman is legally entitled to reclaim money and gold given at the time of her marriage, even if such items were initially handed to the groom’s family. The bench led by Justice Sanjay Karol…
Major Couple in Live-In Relationship Entitled to Protection Even If the Boy Is Below 21 Years of Age: Rajasthan High Court
The Rajasthan High Court has directed the Nodal Officer concerned to promptly decide the protection request submitted by an 18-year-old woman and a 19-year-old man who feared threats from their families due to their decision to live together in a live-in relationship. Background Of The Petition The petitioners, Priya…
Zee Entertainment’s Copyright Infringement Suit Against ShareChat and Moj Platforms Not Returned: Delhi High Court
The Delhi High Court has refused to return the copyright infringement suit filed by Zee Entertainment Enterprises Limited against Mohalla Tech Private Limited, owner of the ShareChat and Moj platforms. The Court held that it has the territorial jurisdiction to adjudicate the dispute. Background Of The Suit The matter…
ECI Cannot Adjudicate Internal Disputes Within an Unrecognised Political Party; Civil Suit Is the Proper Remedy: Delhi High Court
The Delhi High Court has delivered an important ruling clarifying that the Election Commission of India cannot decide internal leadership disputes within an unrecognized political party. The Court held that such private disagreements must be resolved through a civil suit and not through intervention by the Election…
NOC from Previous Counsel Merely a Matter of ‘Good Practice’; Duly Authorized New Advocate May Press Bail Without It: Allahabad High Court
The Allahabad High Court (Lucknow Bench) has clarified that obtaining a No Objection Certificate from a previous counsel is not a legal requirement for hearing a criminal matter. The Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary held that an accused or convict has a fundamental right to be…
Bail Granted in SC/ST Act Case Filed After Nine-Year Delay; Court Flags Rape Victim’s ‘Inappropriate’ Conduct and Says Act Must Not Be Misused: Allahabad High Court
The Allahabad High Court recently granted bail to two appellants, Aznan Khan and Furkan Ilahi, in a case involving allegations of rape and offences under the SC/ST Act 1989. The Court made important comments stating that the rights provided to a victim under the special legislation “should not be misused and abused”.…
Criminal Courts Directed to Obtain Accused’s Endorsement Confirming Supply of Case Materials Before Commencement of Trial: Kerala High Court
The Kerala High Court has issued an important direction to all Criminal Courts in the District Judiciary, instructing them to secure an endorsement from the accused or the accused’s counsel confirming compliance with Rule 19(4) of the Criminal Rules of Practice in Kerala, 1982 before fixing dates for examination of…
Father Cannot Be Denied Custody Merely for Failing to Produce Minor Child’s Birth Certificate: Orissa High Court
The Orissa High Court has ruled that a father cannot be denied custody of his minor child merely because he failed to submit documents like a birth certificate or death certificate to prove paternity. The judgment came in the case Ramakanta Majhi v. Santan Majhi & Anr., where the Court stressed that the welfare of the…
