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Victim’s Sole Statement Can Sustain Charge under SC/ST Act: Kerala High Court
The Kerala High Court has clarified an important legal position under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018, holding that an accused cannot be discharged merely because statements of other witnesses do not disclose the ingredients of the offence. The Court ruled that if the…
Court Cannot Use Inherent Powers to Grant Money Decree When Not Pleaded; Clear Jurisdictional Error Found: Madras High Court
The Madras High Court has reaffirmed an important principle of civil law by holding that courts cannot use their inherent powers to grant reliefs that were never sought or pleaded by the parties. The Court made it clear that granting a money decree without a specific prayer amounts to a jurisdictional error and…
Right to Appear in Examinations Akin to Right to Life; Special Exam Ordered for Student Excluded Due to Portal Glitch: Allahabad High Court
The Allahabad High Court has delivered an important ruling protecting students from the adverse consequences of administrative and technical failures. The Court held that the right to appear in an examination is closely connected to the right to live with human dignity under Article 21 of the Constitution of India and…
Widowed Daughter-in-Law Entitled to Claim Maintenance from Father-in-Law’s Estate, Court Settles Issue: Supreme Court
In a landmark ruling strengthening women’s financial rights within Hindu families, the Supreme Court has clarified that a daughter-in-law who becomes a widow even after the death of her father-in-law is legally entitled to claim maintenance from his estate. The Court held that the timing of widowhood is irrelevant…
Aaj Tak Logo Protected from Trademark Infringement: Delhi High Court
Delhi High Court examined a trademark protection dispute where Living Media India Limited, the parent company of Aaj Tak, approached the Court to safeguard its long-established news channel logo. The case arose after Living Media discovered that a digital news channel named Charcha Aaj Ki was using a logo that closely…
‘Nata Vivah’ Recognised as Valid Marriage; Family Pension Directed to Deceased Government Employee’s Wife: Rajasthan High Court
Rajasthan High Court delivered an important judgment recognizing Nata Vivah as a valid form of marriage for the purpose of family pension. The Court directed the State to grant family pension to a woman who had entered into a customary Nata Vivah marriage with a deceased government employee and was denied pension…
Complainant’s Right to Appeal Against Acquittal in Section 138 NI Act Cases Without Special Leave (Proviso to Section 372 CrPC)
Background of the Case The High Court of Madhya Pradesh at Gwalior recently delivered an important judgment in a case involving a cheque bounce under Section 138 of the Negotiable Instruments Act, 1881. The petitioner, Kamal Duseja, challenged the acquittal of the respondent, Ashok Kumar Singhal, which had been passed…
Less Than Three Years of Service Not a Bar to Compassionate Appointment: Gauhati High Court
The Gauhati High Court has delivered an important judgment explaining that a settlement recorded by a National Lok Adalat cannot be treated as valid if the concerned party was not present and had not given consent. The court clarified that mere presence of a lawyer, without written authority from the party, is not…
Rubbing Penis on Genitals Does Not Constitute Penetrative Sexual Assault under POCSO Act: Delhi High Court
The Delhi High Court has partly allowed a criminal appeal filed under the Protection of Children from Sexual Offences Act, modifying the conviction and reducing the sentence after holding that the offence proved did not satisfy the legal requirements of penetrative sexual assault. The Court clarified that while a…
25% By-Transfer Quota for Junior School Teachers under Kerala Education Rules Applies to Sanctioned Strength, Not Vacancies: Kerala High Court
The Kerala High Court has delivered a significant ruling clarifying the method of calculating the by-transfer quota for appointments to the post of Higher Secondary School Teacher (Junior). The Court quashed a Government order that rejected by-transfer appointments and held that the 25% quota under Rule 4(3) of…
