High Courts
S.138 NI Act Not Attracted On Dishonour Of Cheque Issued To Return Bribe Amount: Madras High Court
The Madras High Court recently observed that dishonour of a cheque issued for returning a bribe amount could not be prosecuted under Section 138 of the Negotiable Instruments Act as it was not towards repayment of a legally enforceable debt. Justice K Murali Shankar observed that the agreement to secure a job in exchange of money is an agreement that is void ab initio and would fall...
Karnataka High Court Refuses To Quash POCSO Case Against Former CM Yediyurappa, But His Appearance During Trial May Be Exempted
The Karnataka High Court has refused to quash the POCSO case lodged against former Chief Minister BS Yediyurappa.Justice M I Arun thus upheld the trial court order dated February 28— taking cognizance of the alleged offence and issuing summons to the former MP.The single judge however asked the trial court not to insist upon the BJP leader's appearance, unless it is necessary during the...
CERC's Powers To Refer Disputes To Arbitration Extends To Even Those Cases Which Fall Outside Its Jurisdiction: Delhi High Court
In a noteworthy judgment for the renewable energy sector, the Delhi High Court has observed that the power of Central Electricity Commission (“CERC”) under Section 79(1)(f), Electricity Act to refer parties to arbitration is wider than its power to adjudicate. A bench of Justice Purushaindra Kumar Kaurav observed that CERC in exercise of its adjudicatory powers can...
Rajasthan High Court Raps State's Insensitive Approach In Denying Ex-Gratia To Constable's Widow, Orders Release Of ₹20 Lakh
The Rajasthan High Court quashed the State's order rejecting ex-gratia amount to an employee's illiterate widow, who was unaware of the welfare scheme and thus got delayed in applying for the same, opining that such rejection on technical grounds, despite admitted administrative delay, was a hyper-technical and insensitive approach.The bench of Justice Farjand Ali further observed that in...
Taking Cognisance Of Complaint By Unauthorised Person U/S 151 Electricity Act Vitiates Entire Trial: Bombay High Court
The Bombay High Court held that taking cognizance of an offence by a court based on a complaint lodged by an unauthorised person under Section 151 of the Electricity Act, 2003, goes to the root of the matter and cannot be treated as a mere irregularity. The Court ruled that when the law specifically designates the categories of persons competent to lodge a complaint, any cognizance taken on...
Income Tax | Bombay High Court Declines Interim Relief To Same Sex Couple Seeking Inclusion Under Term 'Spouse' For Tax Exemption
The Bombay High Court on Thursday refused to grant any interim relief to the same sex couple, which has challenged the constitutional validity of Section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on gifts between heterosexual couples.A division bench of Justices Burgess Colabawalla and Amit Jamsandekar heard the brief submissions of the petitioner Payio Ashiho and...
Dharmshala On Private Land Doesn't Make Property Charitable: Rajasthan High Court
The Rajasthan High Court has held that mere construction of a Dharamshala on a private land could not lead to a presumption that the property was allotted for charitable purposes, or had to be perpetually used for such objectives.The bench of Justice Rekha Borana made the above observations while allowing a petition filed by the legal heirs of a Trust that challenged the order of...
Delhi High Court Directs 'American Dream11' To Take Down Social Media Pages Infringing Dream11's Mark
The Delhi High Court has directed American Dream 11, a US-based fantasy gaming company, to take down or block all its social media pages and profiles that allegedly infringe the trademark Dream11 on platforms such as Facebook, X (formerly Twitter), LinkedIn, and Instagram.A single-judge bench of Justice Tejas Karia passed the order while hearing a plea filed by Sporta Technologies Pvt....
'Faulty, Needs To Be Read Down': Delhi High Court Questions Disciplinary Action Process Under BCI's Foreign Law Firms Rules
The Delhi High Court on Thursday questioned the process of disciplinary proceedings and imposition of penalties enumerated under the Bar Council of India's Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that prima facie, it is beyond comprehension, that in...
Ocular Evidence Corroborated By Medical Evidence Sufficient For Murder Conviction, Even If Motive Not Fully Established: Delhi High Court
The Delhi High Court has held that ocular evidence, duly corroborated by medical evidence, is sufficient for a murder conviction, even if the motive of the crime is not fully established.A division bench of Justices Prathiba M. Singh and Amit Sharma observed, “if there is sufficient evidence in the form of eye witness/es or otherwise to establish the guilt of the accused, then not proving...
Adult, Married Children Have No Right To Stay In Father's Self-Acquired Property Without His Consent: Rajasthan High Court
The Rajasthan High Court imposed exemplary cost of Rs. 1 lakh on a son, litigating against his father for legal rights of a coparcener in a property— which he very well knew was not part of the Hindu United Family or co-parcenery, but was purchased by the father in his own name.The bench of Justice Sudesh Bansal opined that a child resides on his father's property during his childhood by...
"Trend Of Invoking Criminal Process In Private Relationships Must Be Checked": Madras High Court Quashes False Promise To Marry Case Against Man
The Madras High Court recently quashed a case against a man for alleged rape on false promise to marry. While doing so, the court noted that the growing trend of invoking criminal process in private relationships must be checked. Justice B Pugalendhi noted that recently, there was an increase in complaints of rape under false promise to marry, where the relationship was...