Showing 10512 articles
Customer at Brothel Not Involved in Management; Immoral Trafficking Charges Against Man Quashed: Calcutta High Court
The Calcutta High Court has recently quashed a case against a man, Debal Banerjee, who was found in a "compromising position" at a brothel. The petitioner was charged under the Immoral Traffic (Prevention) Act, 1956, commonly known as the ITPA, after he was discovered in a raid conducted on 8th December 2019 at a…
No Exclusive or Conscious Possession of Contraband; Bail Granted to Woman Who Was Merely Accompanying NDPS Accused in Same Car: Rajasthan High Court
In a significant ruling, the Rajasthan High Court granted bail to a woman charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner, Muskan, was arrested after 77 kg of poppy husk was recovered from a car in which she was seated with the primary accused, Rajendra Jat. The court, while…
Interest Denied Under Section 244A of IT Act for TDS Deposited in Wrong PAN by Employer; Applies Only to Refund Delays by Department: Gauhati High Court
In a significant ruling, the Gauhati High Court dealt with a dispute concerning the non-deposit of tax deducted at source (TDS) by the Border Roads Organization (BRO) on behalf of M/S Surya Construction, a partnership firm. The case, involving financial discrepancies spanning several years, highlights key provisions…
Guidelines for Medical Boards on Forming Opinions for Pregnancy Termination Cases Issued: Gujarat High Court
In a significant judgment, the Gujarat High Court has issued crucial guidelines regarding the termination of pregnancy for minors in cases of rape, where the pregnancy exceeds 20 weeks. The court emphasized the importance of considering both the physical and emotional well-being of the pregnant minor while allowing…
Ex-Parte Interim Injunction Issued Against Sale of Pharma Products Using 'KIND' Formative Trademarks in Mankind v. Aquakind: Delhi High Court
In a significant ruling, the Delhi High Court issued a temporary injunction in favor of Mankind Pharma Limited, a leading pharmaceutical company, in its battle against trademark infringement. The court restrained Aquakind Land LLP from using the name 'AQUAKIND' for its pharmaceutical products, which Mankind Pharma…
Terms Like 'Over Speed' and 'High Speed' Are Relative; High Speed Alone Doesn't Imply Rash or Negligent Driving by the Accused: Kerala High Court
The Kerala High Court has upheld the conviction of an individual under Section 304 Part II of the Indian Penal Code (IPC), for causing the death of a motorbike rider in an accident. The accused was driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit. The Court found that…
Necessity to Invoke Kerala Anti-Social Activities Act Should Be Evaluated if Peace-Keeping Proceedings Under Section 107 CrPC Are Already Initiated: Kerala High Court
The Kerala High Court has recently upheld an externment order issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA Act) against a petitioner, despite ongoing proceedings under Section 107 of the Criminal Procedure Code (CrPC). The court ruled that the two sets of proceedings serve distinct…
Adult Sexual Predators Should Not Be Granted Leniency Through Over-Scrutiny of Child Victim's Testimony: Sikkim High Court
In a significant judgment, the Sikkim High Court has set aside the acquittal of a man charged with offences under the POCSO Act and Indian Penal Code (IPC), convicting him for the sexual assault of a minor. The trial court had earlier acquitted the accused, but the High Court found that the victim’s evidence was…
High Court Issues Notice on Petition for CBI Investigation into Death of Protestor Allegedly Shot by Haryana Police During Farmers' Protest: Punjab & Haryana High Court
The Punjab and Haryana High Court recently directed the Haryana and Punjab Governments, as well as the Union Government and the Central Bureau of Investigation (CBI), to respond to a plea seeking a CBI investigation into the death of a farmer, Shubhkaran Singh, who was allegedly shot by Haryana Police during the…
GST on Mining Royalties Under State Mining Concessions Upheld: Himachal Pradesh High Court
In a significant legal development, the High Court is hearing a petition filed by Charanjit Singh, seeking the transfer of investigation to a neutral agency like the CBI. This comes in response to an incident involving the Haryana police during the farmers' agitation. Background of the Case: Charanjit Singh,…
