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SFI Activist Abhimanyu Murder Case | Trial Will Not Be Halted Pending Completion of Probe Against Those Accused of Harbouring the Offenders: Kerala High Court
The Kerala High Court has refused to stay the ongoing murder trial in the 2018 SFI activist Abhimanyu murder case, holding that the pendency of investigation against persons accused of harbouring the main accused is not a valid ground to halt the trial. The Court observed that delaying the proceedings would only…
Surrogacy Allowed Despite Wife Crossing Age Limit; 2021 Law Cannot Be Applied Retrospectively: Allahabad High Court
The Allahabad High Court has ruled that the age restriction prescribed under Section 4(iii)(v)(c)(I) of the Surrogacy (Regulation) Act, 2021 cannot be applied retrospectively to couples who had already begun the surrogacy process by creating and freezing embryos before the Act came into force. The Court held that such…
Surrogacy Act | Age Limits Inapplicable if Intending Couple Froze Embryos Before the Law Came Into Force: Allahabad High Court
The Allahabad High Court has held that couples who had already started the surrogacy process before the enforcement of the Surrogacy (Regulation) Act, 2021 cannot be denied the opportunity of surrogacy merely because they have crossed the age limit prescribed under the new law. A division bench comprising Justice…
Murder Must Be Framed as the Main Charge and Section 304-B IPC as an Alternative if a Dowry Death Appears Homicidal: Allahabad High Court
The Allahabad High Court has issued an important direction for all trial courts in Uttar Pradesh regarding cases where a woman dies a suspicious or homicidal death inside her matrimonial home. The Court held that when investigation material shows a possibility of homicide, courts must frame the main charge under…
'Regulatory Compliance Cannot Be Ignored for Investor Gains': SEBI Action Against Kotak Mutual Fund in Essel Debt Case Upheld: Supreme Court
The Supreme Court has upheld the regulatory action taken by the Securities and Exchange Board of India (SEBI) against Kotak Mahindra Asset Management Company Ltd. (Kotak AMC), Kotak Mahindra Trustee Company Ltd. and several senior officials over violations relating to six Fixed Maturity Plans (FMPs) linked to debt…
Section 138 of the Negotiable Instruments Act, 1881 | Pushman International Proprietor Inder Singh Acquitted; Complainant Failed to Prove ₹5 Lakh Legally Enforceable Debt: Delhi Court
The Court of JMFC NI Act-03, Central, Tis Hazari Courts, Delhi has acquitted Inder Singh, proprietor of M/s Pushman International, in a cheque dishonour case filed by Virender Kumar under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. The Court held that although the cheque and dishonour of…
Child Rape and Murder Case | Death Penalty Commuted to 50 Years' Imprisonment; Conviction Upheld: Punjab and Haryana High Court
The Punjab and Haryana High Court has upheld the conviction of Anand Singh in the rape and murder case of a minor girl in Palwal, Haryana, but commuted the death sentence awarded by the trial court to life imprisonment with a minimum of 50 years of actual imprisonment without remission. A Division Bench comprising…
Delayed Accident Photos Cannot Override Credible Injured Eyewitness Testimony; Compensation to Victims' Families Restored: Supreme Court
The Supreme Court has restored compensation to the families of three school teachers who lost their lives in a road accident in Uttar Pradesh in 2002, holding that the accident occurred due to the rash and negligent driving of the tanker involved. A Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi…
'No Interest' Clause on Security Deposits in Mining Contracts Upheld; Interest Payable Only for Delay Beyond Three Months: Supreme Court
The Supreme Court has held that courts cannot rewrite the terms of a commercial contract merely because one of the parties later considers a contractual condition to be unfair. In a significant ruling relating to a government mining contract, a Bench comprising Chief Justice Surya Kant and Justice V. Mohana upheld the…
Pre-2016 DRT Recovery Certificates Cannot Form the Basis for Insolvency Notice Under the Presidency Towns Insolvency Act: Supreme Court
The Supreme Court has held that a Recovery Certificate issued by the Debts Recovery Tribunal (DRT) before the 2016 amendment to the Recovery of Debts and Bankruptcy Act cannot be treated as a "decree or order" for initiating insolvency proceedings under Section 9(2) of the Presidency Towns Insolvency Act, 1909. A…
