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Homestay Owner's Arrest Declared Illegal; ₹5 Lakh Compensation Awarded: Karnataka High Court
The Karnataka High Court has held that the arrest of a homestay owner in a criminal case was illegal as the mandatory legal procedure was not followed before taking him into custody. While declaring the arrest unconstitutional and directing the State of Karnataka to pay ₹5 lakh as compensation, the Court refused to…
Wife Cannot Blame Husband After Her Own Extramarital Affair Comes to Light; Divorce Denied: Madhya Pradesh High Court
The Madhya Pradesh High Court, Gwalior Bench, has dismissed a wife's appeal challenging the Family Court's refusal to grant her a decree of divorce under Section 13(1) of the Hindu Marriage Act, 1955. The Court held that the allegations of cruelty and desertion made against the husband were not supported by reliable…
Cheque Bounce Acquittal Appeal Transferred to Sessions Court; Complainant Has Right to Appeal as a Victim: Gujarat High Court
The Gujarat High Court has held that a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 is also a victim of the offence and is entitled to file an appeal against an order of acquittal before the Sessions Court under Section 372 of the Code of Criminal Procedure, 1973 or…
ZORA Trademark Cancelled, Well-Known ZARA Brand Granted Protection: Delhi High Court
The Delhi High Court has cancelled the registration of the trademark ZORA, holding that it is deceptively similar to the internationally recognized ZARA trademark. The Court also clarified that the proprietor of an earlier trademark is not required to obtain a prior formal declaration declaring its mark as a…
Advocate Commissioner's Report Does Not Determine Rights of Parties, It Only Assists the Court: Rajasthan High Court
The Rajasthan High Court has held that the appointment of an Advocate Commissioner for local inspection of a disputed property under Order XXXIX Rule 7 of the Code of Civil Procedure, 1908 does not amount to helping either party collect evidence. The Court observed that the purpose of such an inspection is to provide…
Property Conveyed Through Sale Deed Cannot Be Altered by Rectification Deed Without Original Transferor's Consent: Supreme Court
The Supreme Court of India has ruled that a rectification deed cannot be used to change the identity of a property mentioned in an earlier sale deed unless the original transferor or seller is a party to such rectification. The Court held that a rectification deed can correct mistakes in an existing document but…
Three Men Acquitted in 1979 Murder Case Due to Glaring Infirmities in Prosecution: Supreme Court
The Supreme Court of India has acquitted three accused persons, namely Subedar, Hira Lal, and Raj Bux, who were convicted in connection with a murder case that took place in Gonda district, Uttar Pradesh, in 1977. A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta allowed the appeals and set aside the…
Trial Judge's Failure to Invoke Homicide Charge in 1981 Acid Attack on Father Case Draws Anguish; Son Awarded Mere 3-Year Sentence: Allahabad High Court
The Allahabad High Court has strongly criticised a Trial Court for convicting an accused only under Section 326 of the Indian Penal Code and awarding a sentence of merely three years' rigorous imprisonment despite the victim dying after suffering severe acid burn injuries. In Razzak Versus State of U.P., the High…
Rectification Deed Cannot Change Identity of Property Without Original Seller's Consent; Trial Court Verdict Restored: Supreme Court
The Supreme Court has held that a rectification deed cannot be used to substitute one property for another without the participation of the original transferor. In Venkatesha and Anr. vs. K.M. Venkatamuniyappa (D) Through LRs. & Ors., the Court restored the judgment of the Trial Court after finding that the plaintiff…
Partition Deed Is Not a Property Transfer Under the Senior Citizens Act; Appellate Tribunal Cannot Cancel It: Andhra Pradesh High Court
The Andhra Pradesh High Court has clarified that a registered partition deed cannot be treated as a transfer of property under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In Uddagiri Srirama Murthy & Anr. v. State of Andhra Pradesh & Ors., the Court held that a partition only…
