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Writ Jurisdiction Cannot Be Invoked to Claim One-Time Settlement Benefits, Court Reiterates: Kerala High Court
The Kerala High Court has reiterated that borrowers cannot use writ jurisdiction to force banks or financial institutions to extend the benefit of a One Time Settlement (OTS) scheme. A division bench of Justice Anil K Narendran and Justice Muralee Krishna S dismissed a writ appeal filed by borrowers, upholding the…
Bail Is the Rule for Juveniles Even If Tried as Adults; Gravity of Offence Not a Ground to Deny Bail under JJ Act: Rajasthan High Court
The Rajasthan High Court has clarified that bail is the norm for a child in conflict with law under the Juvenile Justice (Care and Protection of Children) Act, 2015, even if the juvenile is being tried as an “Adult Accused” before the Children's Court. The bench of Justice Anoop Kumar Dhand set aside the orders…
Presentation of Security Cheque on Loan Default Does Not Amount to Criminal Breach of Trust: Delhi High Court
The Delhi High Court has delivered a crucial ruling clarifying the scope of Section 409 of the Indian Penal Code, 1860, holding that a bank does not commit criminal breach of trust by presenting a security cheque upon default of loan repayment. The Court quashed criminal proceedings initiated against China Trust…
Interim Ban on YouTube Channels Streaming Raj Television’s Tamil Films Not Lifted: Madras High Court
The Madras High Court has passed a significant order under the Copyright Act, 1957, refusing to lift an interim injunction imposed on a YouTuber accused of unauthorised streaming of copyrighted Tamil films. The Court held that copyright holders are entitled to strong protection when digital rights are exploited…
Interim Plea by Vegan Brand Origin Nutrition to Restrain ‘ORIGIN FRESH’ Trademark Rejected: Madras High Court
The Madras High Court has delivered an important order under the Trade Marks Act, 1999 clarifying that common dictionary words cannot be monopolised as trademarks merely because they are registered. The dispute arose between Origin Nutrition Private Limited and Tech7 Phyll Private Limited regarding the use of the word…
No Presumption of Wife’s Earning Capacity at Interim Maintenance Stage: Delhi High Court
The Delhi High Court has clarified the legal position under Section 125 of the Code of Criminal Procedure, 1973, holding that a wife cannot be presumed to be earning or capable of maintaining herself while deciding an application for interim maintenance. The Court ruled that vague and unsupported allegations made by…
Single FIR Permissible in Mass Cheating Cases Arising from One Conspiracy: Supreme Court
The Supreme Court of India addressed a significant issue concerning registration of FIRs in cases of criminal conspiracy resulting in cheating multiple victims. The case arose from FIR No. 89 of 2009 registered by the Economic Offences Wing of Delhi Police against Ashok Jadeja and his associates, including Khimji Bhai…
Married Woman Undergoing Abortion Due to Marital Discord Not an Offence if Conducted as per MTP Act: Delhi High Court
The Delhi High Court reaffirmed the rights of women to make decisions regarding their reproductive health. The Court addressed a case where a woman underwent an abortion at 14 weeks of pregnancy due to marital discord affecting her mental health. The summoning of the woman under Section 312 of the Indian Penal Code…
Postal Department Cannot Deny Pension to Temporary Employee After Decades of Service for Want of Formal Regularisation: Himachal Pradesh High Court
The Himachal Pradesh High Court dealt with a significant issue relating to pensionary benefits of a temporary employee in the Postal Department. The case arose from the service conditions of late Mehar Chand, who worked for decades without formal regularisation but was later denied pension after retirement. Facts…
Minor Touch to Private Part with Sexual Intent Constitutes Aggravated Sexual Assault under POCSO Act: Delhi High Court
The Delhi High Court has delivered an important judgment explaining the scope of Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court held that making a very young child touch the private parts of an adult with sexual intent clearly amounts to aggravated sexual assault. The…
