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Unauthorized Absence in Uniformed Force Beyond 60 Days Amounts to Desertion and Justifies Dismissal from Service: Jammu & Kashmir High Court
The Jammu & Kashmir High Court, in a recent ruling, held that a member of a disciplined force such as the Central Reserve Police Force (CRPF) who fails to report back for duty after sanctioned leave, without any sufficient cause, can be declared a “deserter”. The Court upheld that such absence justifies dismissal from…
Forcing DNA Test on a Party in Partition Suit to Determine Parentage Violates Right to Privacy: Orissa High Court
In a significant ruling on the right to privacy under Article 21 of the Constitution, the Orissa High Court has held that forcing a party to undergo DNA testing in a civil partition suit to determine parentage is legally unwarranted and unconstitutional. The judgment was delivered by Justice Bibhu Prasad Routray in…
Anticipatory Bail Permissible Under SC/ST Act Only If Prima Facie Offence Not Made Out: Supreme Court
The Supreme Court of India, in a recent ruling, reiterated that anticipatory bail under Section 438 of the Code of Criminal Procedure is impermissible in cases under the SC/ST (Prevention of Atrocities) Act, 1989, unless it is prima facie shown that no offence under the Act is made out. The Court made this observation…
Govt Promoting Start-Up Culture, Customs Must Act with Sensitivity in Proceedings Against Them: Delhi High Court
A startup company, Mitraj Business Private Limited, operating under the brand name ‘Fabie Baby’, approached the Delhi High Court after facing delays from the Customs Department in the release of imported goods. The case arose under the Customs Act, 1962, specifically dealing with issues of misdeclaration of goods…
Assam Minorities Board Employees Paid Through Grants-In-Aid, Not State Salary Head, Cannot Be Treated as Government Servants: Gauhati High Court
A Division Bench of the Gauhati High Court, comprising Chief Justice Ashutosh Kumar and Justice Manish Choudhury, has held that the employees of the Assam Minorities Development Board—whose salaries are drawn from grants-in-aid rather than the regular State salary head—are not entitled to pension under Rule 31 of the…
![[S.138 NI Act] Cheque Bounce Complaint Maintainable If Payment Not Made Within 15 Days: Delhi High Court](https://law4u.in/newsImage-location/newsImage6139.webp)
[S.138 NI Act] Cheque Bounce Complaint Maintainable If Payment Not Made Within 15 Days: Delhi High Court
In a detailed judgment, the Delhi High Court has dismissed a plea challenging the maintainability of a cheque dishonour complaint on the ground of premature filing. The petitioner, Rama Oberoi, contended that the complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed before the expiry of a…
Court Restrains “Vivoline” in Trademark Infringement Suit by US-Based Automobile Lubricant Manufacturer 'Valvoline': Delhi High Court
The Delhi High Court has granted a permanent injunction in favour of US-based automotive lubricant giant Valvoline, restraining an Indian entity from using the deceptively similar mark ‘Vivoline’. The order was passed by Justice Manmeet Pritam Singh Arora in the trademark infringement suit filed by VGP IPCO LLC, a…
Significant Increase in Husband's Income, Rising Cost of Living Are Valid Grounds to Enhance Wife's Maintenance: Delhi High Court
The Delhi High Court, in a significant judgment concerning the rights of senior citizen spouses, enhanced the maintenance awarded to a legally wedded wife, recognizing that a rise in the husband's income, coupled with the changing cost of living, constitutes a “clear change in circumstances” justifying increased…
Court Upholds CRPF's Decision to Reject Company's Bid in Tender for Procuring Sniper Rifles, Ammunitions: Delhi High Court
The Delhi High Court, in a recent judgment, upheld the rejection of a bid submitted by Stumpp Schuele Lewis Machine Tools Private Limited in a government tender process conducted by the Central Reserve Police Force (CRPF). The tender related to the procurement of 200 Sniper Rifles, complete with day scopes and 20,000…
Sending Money to Complainant's Relative Not Proof of Crime, Anticipatory Bail Granted to Woman Accused of Trafficking: Kerala High Court
The Kerala High Court, while dealing with a plea for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, granted relief to a woman named Aparna Nair, who was accused of being involved in trafficking two children to the United Arab Emirates (UAE). The case raised serious allegations, including…
