Showing 10499 articles
Fleeing Alone Doesn’t Establish Culpability But Remains Admissible Behaviour Under Section 8 Of Evidence Act: Supreme Court
Supreme Court Observes Absconding is Relevant but Not Conclusive Evidence of Guilt The Supreme Court recently clarified that absconding by itself does not prove a person’s guilt. However, it is a relevant fact under Section 8 of the Indian Evidence Act, 1872, because it shows the conduct of the accused and may suggest…
Man Held As ‘Sexual Offender’ Freed Over One FIR, Court Criticizes PASA Misapplication: Gujarat High Court
The Gujarat High Court on 13 June 2025 set aside a preventive detention order against Mohammad Arbaz S/O Mohammad Yusuf Mansuri, who was detained by the Police Commissioner, Surat under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA). The detention order was issued on 10 May 2025, labelling the…
Aadhaar Act’s Punitive Clauses Inapplicable Retroactively Without Explicit Mandate Due To Article 20(1) Constraint: Calcutta High Court
The Calcutta High Court, through Justice Uday Kumar, has ruled that the penal provisions of the Aadhaar Act, 2016 cannot be applied to offences committed before the Act came into force. The Court held that doing so would amount to a violation of Article 20(1) of the Constitution of India, which prohibits retrospective…
ED Summons To Senior Advocate Arvind Datar Sends Disturbing Signal To Legal Fraternity, Says SCAORA
The Supreme Court Advocates-on-Record Association (SCAORA) has strongly objected to the Enforcement Directorate’s (ED) issuance of a summons to Senior Advocate Arvind Datar, calling the move “unwarranted” and warning of its broader consequences on the independence of the legal profession and the constitutional right…
Daily-Wage And Temporary Employees Should Be Included In Assessing Applicability Of Gratuity Act: Calcutta High Court
The Calcutta High Court, in a recent judgment delivered by Justice Shampa Dutt (Paul), upheld the entitlement of Rejaul Hoque, a retired employee of Midnapur District Service-cum-Marketing & Industrial Cooperative Union Ltd., to receive gratuity under the Payment of Gratuity Act, 1972. The Court held that the Union…
Delay Alone Not A Bar To Arbitration If Clause Remains Active And Enforceable: Telangana High Court
The Telangana High Court has appointed an arbitrator under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, in a case involving delayed execution and eventual termination of a contract by the Signal and Telecommunications Department of South Central Railway. The applicant had approached the Court…
Trademark Dispute | Risk To IPO Can't Justify Lifting Interim Injunction In Trademark Infringement Case: Delhi High Court
The Delhi High Court has ruled that a party facing an interim injunction in a trademark infringement case cannot have the injunction set aside solely because it affects its business operations or an upcoming Initial Public Offering (IPO). The Court emphasized that such commercial concerns do not override the legal…
Election Validity Of Kothagudem MLA Affirmed, Disclosure Of Spouse’s Name In Affidavit Not Compulsory: Telangana High Court
The Telangana High Court has upheld the 2023 election of Kunamneni Sambasiva Rao, Communist Party of India (CPI) candidate, as MLA from Kothagudem Assembly Constituency, dismissing an election petition that challenged his election on the ground of non-disclosure of his wife’s name in the Form 26 affidavit submitted…
Minor Mistakes Not Valid Basis To Contest Well-Reasoned Award Under Section 34 Of Arbitration Act: Delhi High Court
The Delhi High Court dismissed a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 by Hindustan Hydraulics Pvt. Ltd. seeking to set aside an arbitral award dated 05.09.2016. The petition challenged the award passed by a Sole Arbitrator in favor of the Union of India, represented through…
Medical Proof Alone Of Sexual Act Inadequate For Rape Conviction Without Direct Link To Accused: Jammu & Kashmir High Court
The case arose from an FIR lodged by the father of a 14-year-old girl who reported that his daughter and her minor friend were missing. Later, it was alleged that both girls had been kidnapped and sexually assaulted. The police investigation led to the filing of charges under Section 363, Section 376 of the Indian…