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Cheque Dishonour | Defence That the Complainant Lacks Financial Capacity Should Be Raised in the Accused's Reply Notice: Supreme Court
The Supreme Court has clarified an important legal principle regarding cases under Section 138 of the Negotiable Instruments Act, 1881. The court held that the defense claiming that the complainant lacked the financial capacity to lend the loan should be specifically raised by the accused in their reply to the…
Proof of Saptapadi Ceremony Not Required at the Cognizance Stage in a Bigamy Complaint: Uttarakhand High Court
The Uttarakhand High Court has made an important ruling regarding cases of bigamy under Section 494 of the Indian Penal Code (IPC). The Court clarified that proving whether the essential ceremonies of a second marriage, such as Saptapadi, were performed is a matter to be decided during the trial, not at the initial…
Trial Court Cannot Examine Witnesses at the Pre-Cognizance Stage to Generate Fresh Evidentiary Material: Allahabad High Court
The Allahabad High Court has delivered an important judgment clarifying the limits of a trial court’s powers before taking cognizance of a case under Section 190 of the Criminal Procedure Code (CrPC). The Court held that a trial court cannot examine a witness at the pre-cognizance stage just to produce fresh…
Judgments Operate Retrospectively Unless Expressly Declared Prospective: Supreme Court
The Supreme Court has reaffirmed an important legal principle that all judgments of this Court are presumed to be retrospective unless they explicitly state that their application is prospective. This clarification was made by a bench consisting of Justice Dipankar Datta and Justice Sheel Nagu. The decision emphasizes…
Central Excise | Mere Grouping and Unpacking Do Not Attract Excise Duty; Revenue's ₹17.86 Crore Demand Against Xerox Dismissed: Supreme Court
The Supreme Court has delivered an important judgment clarifying the scope of “manufacture” under the Central Excise Act, 1944. The case involved the Department of Revenue raising a demand of ₹17.86 crore against Xerox India Ltd. for activities related to grouping and unpacking imported photocopier modules before…
Media May Report Court Proceedings, but Audio and Video Clips of Hearings Cannot Be Circulated: Supreme Court
The Supreme Court of India has issued a clarification regarding the reporting of court proceedings by media organizations. The case was filed as a public interest litigation by journalist Harshita Grover, who sought clear guidelines to regulate the use, extraction, editing, circulation, and monetization of…
Acquitted Woman’s Name Ordered to Be Masked from Google and Indian Kanoon; Right to Digital Privacy Upheld: Karnataka High Court
The Karnataka High Court has recently passed a landmark order emphasizing the importance of digital privacy and the right to be forgotten for individuals who have been acquitted in criminal cases. The Court directed Google, Indian Kanoon, and court authorities to mask the identity of a woman who was acquitted in a…
FIR Alleging Husband Used Drugs and Black Magic to Induce Interfaith Marriage Quashed: Rajasthan High Court
The Rajasthan High Court has recently quashed an FIR filed against a man accused of various offences, including rape, cheating, and criminal conspiracy. The Court took this decision after examining the facts and found that the couple involved was legally married under the Special Marriage Act and had lived together…
Pre-2015 Contractual Unilateral Arbitrator Appointments Remain Valid in Execution Proceedings: Bombay High Court
In a landmark judgment, the Bombay High Court has clarified the legal standing of unilateral arbitrator appointments made before 23 October 2015. The Court ruled that such appointments, if made under the authority of the arbitration agreement, remain valid and enforceable in execution proceedings. This ruling provides…
Proceedings Against Doctor in Minor Pregnancy Termination Case Not Quashed: Delhi High Court
The Delhi High Court has recently refused to quash criminal proceedings initiated against Dr. Poonam Mishra, who is accused of violating legal provisions under the Medical Termination of Pregnancy (MTP) Act and the Protection of Children from Sexual Offences (POCSO) Act. The court clarified that it was not declaring…
