Showing 8261 articles
State Alone Can Appeal Against Acquittal in Police-Report Cases; Third Party Has No Locus: Delhi High Court
The Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal lies exclusively with the State. Justice Amit Mahajan clarified that a private individual or third party cannot maintain such an appeal unless the person qualifies as a “victim” under the…
Cognizance of Time-Barred Cheque Dishonour Complaint under Section 138 NI Act Cannot Be Taken Without First Condoning Delay: Supreme Court
The Supreme Court has clarified that cognizance cannot be taken on a cheque dishonor complaint filed belatedly unless the delay is first condoned by the court. A bench of Justices Sanjay Kumar and Alok Aradhe set aside the Karnataka High Court’s decision, which had upheld the trial court’s action to take cognizance of…
Writ Jurisdiction Cannot Be Invoked to Claim One-Time Settlement Benefits, Court Reiterates: Kerala High Court
The Kerala High Court has reiterated that borrowers cannot use writ jurisdiction to force banks or financial institutions to extend the benefit of a One Time Settlement (OTS) scheme. A division bench of Justice Anil K Narendran and Justice Muralee Krishna S dismissed a writ appeal filed by borrowers, upholding the…
Bail Is the Rule for Juveniles Even If Tried as Adults; Gravity of Offence Not a Ground to Deny Bail under JJ Act: Rajasthan High Court
The Rajasthan High Court has clarified that bail is the norm for a child in conflict with law under the Juvenile Justice (Care and Protection of Children) Act, 2015, even if the juvenile is being tried as an “Adult Accused” before the Children's Court. The bench of Justice Anoop Kumar Dhand set aside the orders…
Presentation of Security Cheque on Loan Default Does Not Amount to Criminal Breach of Trust: Delhi High Court
The Delhi High Court has delivered a crucial ruling clarifying the scope of Section 409 of the Indian Penal Code, 1860, holding that a bank does not commit criminal breach of trust by presenting a security cheque upon default of loan repayment. The Court quashed criminal proceedings initiated against China Trust…
Interim Plea by Vegan Brand Origin Nutrition to Restrain ‘ORIGIN FRESH’ Trademark Rejected: Madras High Court
The Madras High Court has delivered an important order under the Trade Marks Act, 1999 clarifying that common dictionary words cannot be monopolised as trademarks merely because they are registered. The dispute arose between Origin Nutrition Private Limited and Tech7 Phyll Private Limited regarding the use of the word…
No Presumption of Wife’s Earning Capacity at Interim Maintenance Stage: Delhi High Court
The Delhi High Court has clarified the legal position under Section 125 of the Code of Criminal Procedure, 1973, holding that a wife cannot be presumed to be earning or capable of maintaining herself while deciding an application for interim maintenance. The Court ruled that vague and unsupported allegations made by…
Postal Department Cannot Deny Pension to Temporary Employee After Decades of Service for Want of Formal Regularisation: Himachal Pradesh High Court
The Himachal Pradesh High Court dealt with a significant issue relating to pensionary benefits of a temporary employee in the Postal Department. The case arose from the service conditions of late Mehar Chand, who worked for decades without formal regularisation but was later denied pension after retirement. Facts…
Minor Touch to Private Part with Sexual Intent Constitutes Aggravated Sexual Assault under POCSO Act: Delhi High Court
The Delhi High Court has delivered an important judgment explaining the scope of Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court held that making a very young child touch the private parts of an adult with sexual intent clearly amounts to aggravated sexual assault. The…
Police Must Videograph Search and Seizure under Section 105 BNSS or Face Disciplinary Action; UP DGP Directed to Issue SOP: Allahabad High Court
The Allahabad High Court has issued significant directions to ensure strict compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), mandating audio-video recording of all police searches and seizures. While granting bail in a theft case, the Court directed the Director General of Police,…
