Showing 8263 articles
POCSO Proceedings Quashed After Woman Affirms Marriage and Denies Allegations, Court Says Trial Would Serve “No Purpose”: Allahabad High Court
The Allahabad High Court has quashed the entire criminal proceedings against Ashwani Anand, who had been booked under kidnapping and POCSO allegations, after the alleged victim herself appeared before the Court and denied every accusation in the FIR. Justice Kshitij Shailendra delivered the judgment in Court No. 78…
Arbitral Tribunal Cannot Pierce the Corporate Veil: Madras High Court
The Madras High Court has delivered an important ruling on the limits of arbitral jurisdiction, holding that an arbitral tribunal cannot lift the corporate veil or attribute the obligations of one company to another. Justice N Anand Venkatesh delivered this ruling in the case of Sugesan Transport Vs EC Bose & Company…
Police Report in Non-Cognizable Offence Deemed a ‘Complaint’ Under BNSS; Accused Must Be Heard Before Issuance of Summons: Allahabad High Court
The Allahabad High Court has clarified an important procedural requirement under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), ruling that a police report filed for a non-cognizable offence must be treated as a complaint. Justice Praveen Kumar Giri delivered this judgment while examining a faulty summoning…
Arbitration Act 1996: Appointment of Arbitrator to Resolve Dispute Between MedOnGo Health and Respondents by Delhi High Court
The Delhi High Court recently passed a significant judgment in the case of MedOnGo Health Private Limited VERSUS Dr. Rahul Ghule and Another, where the petitioner, MedOnGo Health, sought the appointment of an arbitrator to resolve a dispute under the Arbitration and Conciliation Act, 1996. The dispute arose over a…
Differently Abled Child Entitled to Care of Both Parents; Court Orders Reconsideration of Army Major’s Joint Posting Request: Gauhati High Court
The Gauhati High Court has delivered an important ruling concerning the rights of differently abled children, emphasising that such a child is legally entitled to have caregiving parents near him. Justice Kardak Ete delivered this decision while hearing a petition filed by Major Niklesh Kumar Lohani, who had…
Hashtagging a Brand Name to Identify a Company’s Director Does Not Amount to Trademark Disparagement: Madras High Court
The Madras High Court has ruled that using a company’s brand name as a hashtag in social media posts, when the intention is to identify an individual associated with the company, does not amount to trademark disparagement. The decision was delivered by Justice N. Senthilkumar in the matter concerning Madhampatty…
Promotion After Retirement Cannot Extend Service, but Notional Monetary Benefits Permissible Till Superannuation: Gauhati High Court
In a significant ruling, the Gauhati High Court has clarified that an employee cannot seek an extension of service on the basis of a promotion recommended after his superannuation. The Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that recommendations made after retirement cannot…
Compelling Wife to Undergo Trial Leading to Inevitable Acquittal Is an ‘Instrument of Harassment’; POCSO Case Against Husband Quashed: Allahabad High Court
The Allahabad High Court has quashed criminal proceedings filed under the POCSO Act and the Indian Penal Code against petitioner Ashwani Anand after observing that forcing a happily married couple to face a long trial would serve no purpose except causing harassment. Justice Kshitij Shailendra led the decision and…
Authority Directed to Consider Passport Renewal Plea of Kuwaiti Resident Kept Pending Due to Rash Driving FIR: Gujarat High Court
The Gujarat High Court recently granted major relief to Mohasin Sabbir Ahmed Surati, an Indian citizen employed in Kuwait, whose passport renewal had been stalled due to an FIR alleging rash and negligent driving. The authorities had put his application on hold following the registration of an offence under Section…
High Court Flags Procedural Flaws in Opium Recovery and Grants Bail to Nepali Woman After Serious Lapses in NDPS Procedure Surface: Himachal Pradesh High Court
The Himachal Pradesh High Court, in a significant order, granted regular bail to 27-year-old Nepali national Shiranjana Buddha in a case registered under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The case related to an alleged recovery of more than 8 kg of opium from a public bus in FIR No.…