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Notice to Husband Dispensed With in Wife's Matrimonial Transfer Plea; Procedure Cannot Overshadow Justice: Rajasthan High Court
The Rajasthan High Court has held that matrimonial transfer petitions should not remain pending for years merely because notice has not been served upon the respondent. Exercising its powers under Section 24 of the Code of Civil Procedure, 1908, the Court dispensed with the requirement of issuing notice to the husband…
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…
Landowners Who Failed to Avail Opportunity of Hearing Cannot Later Allege Denial of Hearing Under the Land Acquisition Act: Supreme Court
The Supreme Court of India has dismissed appeals filed by landowners challenging the land acquisition proceedings for the Jaipur Metro Rail Project Phase II. The Court held that the landowners lost their right of personal hearing under Section 5A of the Land Acquisition Act, 1894 because, after filing objections, they…
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…
Conviction Upheld 47 Years After Minor's Gang Rape, but Jail Term of 71-Year-Old Man Reduced: Allahabad High Court
The Allahabad High Court has upheld the conviction of Ram Swarup in a case relating to the abduction and gang rape of a minor girl that took place in 1979. While maintaining the conviction, the Court reduced the substantive sentence from 7 years and 6 months Rigorous Imprisonment to 4 years Rigorous Imprisonment. 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…
Nursery Teacher's Bail Cancelled in POCSO Case Involving 3-Year-Old Student: Delhi High Court
The Delhi High Court has cancelled the regular bail granted to a Nursery Teacher accused in a case under the Protection of Children from Sexual Offences Act, 2012 involving a three-year-old nursery student. In State vs Kriti Sahni, the Court held that the Trial Court failed to properly consider the seriousness of the…
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…
