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Status Quo Ordered on ONGC Takeover of Vedanta’s Gujarat Offshore Oil Block: Delhi High Court
The Delhi High Court has ordered maintenance of status quo on the Union Government’s decision to take over an offshore oil block operated by Vedanta Limited off the Gujarat coast. The order has effectively put on hold the Centre’s direction asking Vedanta to stop operations and hand over the oil block to ONGC. The…
Belated Deposit of TDS Does Not Extinguish Criminal Liability under the Income Tax Act: Delhi High Court
The Delhi High Court has clarified that belated deposit of Tax Deducted at Source (TDS) does not wipe out criminal liability under the Income Tax Act, 1961. The Court held that once an offence under Section 276B is made out, later payment of TDS cannot automatically protect an assessee or company officials from…
Voluntary Partition Deed Can Confer Property Rights on Female Heir Even Prior to Hindu Succession Act, 1956: Kerala High Court
The Kerala High Court examined an important dispute relating to inheritance rights of a female heir under pre-1956 Hindu law. The case arose from a family property originally owned by Purankal Naragasseri Perachan and Purankal Naragasseri Unni. After their deaths, disputes emerged regarding the validity of a partition…
US Inventor’s Delayed Patent Examination Request Allowed Despite Indian Agent’s Error: Madras High Court
The Madras High Court has delivered an important judgment protecting the substantive rights of inventors under the Patents Act, 1970. The Court held that a patent application cannot be treated as abandoned merely due to an inadvertent procedural mistake committed by a patent agent, especially when there is no…
Ex-Parte Transfer Order in Matrimonial Criminal Case Set Aside; Proceedings Remitted to Sangareddy Court: Supreme Court
The Supreme Court of India delivered an important ruling reinforcing fairness in criminal trials and limiting misuse of transfer petitions under the Code of Criminal Procedure, 1973. The Court set aside a High Court order that transferred a matrimonial criminal case without hearing the complainant wife and directed…
State Alone Can Appeal Against Acquittal in Police-Report Cases; Third Party Has No Locus: Delhi High Court
The Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal lies exclusively with the State. Justice Amit Mahajan clarified that a private individual or third party cannot maintain such an appeal unless the person qualifies as a “victim” under the…
Arbitrary Denial of Emergency Leave to Convict to Attend Brother’s Son’s Marriage Violates Articles 14 and 15: Kerala High Court
The Kerala High Court has ruled that there cannot be any discrimination between the children of a brother and the children of a sister while granting emergency leave to a convict to attend their marriage. Dr. Justice Kauser Edappagath observed that applications seeking emergency leave to attend the marriage of a…
Cognizance of Time-Barred Cheque Dishonour Complaint under Section 138 NI Act Cannot Be Taken Without First Condoning Delay: Supreme Court
The Supreme Court has clarified that cognizance cannot be taken on a cheque dishonor complaint filed belatedly unless the delay is first condoned by the court. A bench of Justices Sanjay Kumar and Alok Aradhe set aside the Karnataka High Court’s decision, which had upheld the trial court’s action to take cognizance of…
Cheque Dishonour Under Section 138 NI Act: High Court Upholds Conviction of Accused in Mahalaxmi Jewellers Case – Himachal Pradesh High Court
Background of the Case The case involves Smt. Usha Goel, Proprietor of Mahalaxmi Jewellers as the complainant who filed a complaint under Section 138 of the Negotiable Instruments Act (NI Act) against the accused, who had issued cheques that were later dishonoured. The accused had argued that the cheques were given as…
Use of Condom and Time Gap Can Explain DNA Mismatch in Rape Cases: Delhi High Court
The Delhi High Court has held that the absence of DNA matching in a rape case is not fatal to the prosecution when surrounding circumstances, including the use of a condom by the accused and delays in medical examination, reasonably explain such absence. Justice Neena Bansal Krishna dismissed a criminal appeal filed…
