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Order 18 Rules 1 and 3 CPC | Right to Lead Evidence First Lies with Plaintiff Even If Burden of Proving Certain Issues Rests on Defendant: Karnataka High Court
The Karnataka High Court has clarified that in a civil suit involving multiple issues, the right to lead evidence primarily rests with the plaintiff, even when the burden of proving some issues is placed upon the defendant. Justice S. Vishwajith Shetty delivered this ruling while setting aside the trial court’s order…
Court Fee Payable Only on Principal Relief Under Section 6(1) of the Kerala Court Fees Act, Not on Consequential Reliefs: Kerala High Court
The Kerala High Court has ruled that when multiple documents concerning the same property are challenged in one suit, the court fee should be computed only on the principal relief and not on any ancillary or consequential reliefs. Justice P. Krishna Kumar delivered the judgment while interpreting Section 6(1) of the…
Family Court’s Order Dismissing Order IX Rule 9 CPC Application for Restoration of Suit Is Appealable; Original Petition Not Maintainable: Kerala High Court
The Kerala High Court recently dismissed an Original Petition that challenged a Family Court’s order rejecting a restoration application. The Division Bench comprising Justice Devan Ramachandran and Justice Snehalatha M.B. held that when a specific statutory remedy of appeal is available under Order 43 of the Code of…
UP Company Restrained from Infringing Ching’s ‘Schezwan Chutney’ Trademark: Delhi High Court
The Delhi High Court, presided over by Justice Manmeet Pritam Singh Arora, has granted an ad-interim injunction in favor of Capital Foods Private Limited, restraining Damyaa (PJ) Foods Private Limited from using the mark ‘SCHEZWAN TUFANI CHUTNEY’ or any deceptively similar mark to ‘SCHEZWAN CHUTNEY’, which is a…
![[BNSS] Section 359 Does Not Limit High Court’s Inherent Powers Under Section 528 to Quash FIRs: Jammu & Kashmir & Ladakh High Court](https://law4u.in/newsImage-location/newsImage6743.webp)
[BNSS] Section 359 Does Not Limit High Court’s Inherent Powers Under Section 528 to Quash FIRs: Jammu & Kashmir & Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has clarified that Section 359 of the Bharatiya Nyaya Sanhita, 2023 (BNSS), which corresponds to Section 320 of the Criminal Procedure Code (CrPC), does not limit or restrict the inherent powers of the High Court to quash criminal proceedings under Section 528 BNSS…
Mere Taunts or Ordinary Family Friction in Marital Life Do Not Constitute Cruelty: Delhi High Court
The Delhi High Court has ruled that mere taunts, casual remarks, or everyday family disputes which arise during normal marital life cannot be considered as cruelty under Section 498A of the Indian Penal Code (IPC). Justice Amit Mahajan made this observation while hearing a plea filed by the husband’s relatives seeking…
Bail Granted to Man Accused of Sexually Assaulting Municipal Chairperson Using Obscene Videos; Court Notes Parties Were Well Acquainted: Madhya Pradesh High Court
The Madhya Pradesh High Court, presided over by Justice Devnarayan Mishra, has granted bail to a man accused of rape, extortion, and criminal intimidation involving an elected Chairperson of a Municipality. The Court noted that both parties were well acquainted with each other and therefore allowed the bail…
Order Refusing to Discharge TV Today in Criminal Defamation Case Filed by BJP Leader Ramesh Bidhuri Upheld: Delhi High Court
The Delhi High Court has refused to discharge TV Today Network Limited, which owns Aaj Tak and India Today Group, from a long-pending criminal defamation case filed by BJP leader Ramesh Bidhuri in 2011. The case arose from a news telecast that allegedly linked the family of the politician to a gang rape and abduction…
Family Property Dispute Cannot Be Settled Under the Maintenance of Parents and Senior Citizens Act: Punjab & Haryana High Court
The Punjab and Haryana High Court has clarified that the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be misused to resolve family property disputes under the guise of seeking maintenance or cancellation of property transfers. Justice Kuldeep Tiwari dismissed a petition…
Employer Cannot Deny Employee’s Claim on Grounds of Delay When It Failed to Respond to Representation for Years: Himachal Pradesh High Court
The Himachal Pradesh High Court has dismissed an appeal filed by the National Institute of Technology, Delhi (NIT Delhi) against a Single Judge’s order that had quashed the withdrawal of higher grade pay from a retired employee and directed the institute to reconsider his claim for financial upgradation. The Division…
