'Mere Breach Of Contract By One Party Would Not Attract Prosecution For Criminal Offence In Every Case': Gujarat High Court Reiterates

Quashing an FIR arising out of a dispute related to payment of money, the Gujarat High Court has reiterated that a mere breach of contract by one of the parties would not attract criminal prosecution in every case.Justice Divyesh A Joshi observed, “the question is what the complainant was doing during the interregnum period. Why he kept mum and not instituted any legal proceedings during...

'Date Of Complaints And Date Of Transfer Is Same, No Fact-Finding Inquiry Took Place': Allahabad High Court Quashes Transfer Order

The Allahabad High Court has quashed the transfer order issued to a Junior Assistant who was posted in the office of Deputy Director Agriculture, Bareilly to the office of Deputy Director Agriculture, Bahraich on the same day as the complaint was lodged against him since no fact-finding inquiry was made against the complaint. On 30.06.2024, a letter was issued by Deputy...

Delhi High Court Orders Removal Of 'Defamatory' YouTube Videos, Articles Against Dhanya Rajendran

The Delhi High Court has ordered the removal of YouTube videos and news articles containing “defamatory” statements against The News Minute founder, Dhanya Rajendran, in respect of the “Cutting South” event hosted last year.Justice Vikas Mahajan passed the ad interim injunction in favour of Rajendran in the defamation suit filed by her. The court directed media channels The Karma News...

'Subsistence Of Valid Marriage Is Prerequisite For Passing Maintenance Orders U/S 125 Cr.P.C': Jharkhand High Court

The Jharkhand High Court has ruled that a valid marriage is a prerequisite for issuing orders under Section 125 of the Code of Criminal Procedure (Cr.P.C.). The court set aside a maintenance order issued under Section 125, emphasising that the petitioner's second marriage lacked legal sanctity unless he was validly divorced from his first wife.Justice Gautam Kumar Choudhary, who presided over...

Meghalaya High Court Upholds Conviction Of Boy Who Sexually Assaulted Minor Girlfriend After Making Her Unconscious

Recently, the Meghalaya High Court affirmed the conviction of a boy who committed aggravated penetrative sexual assault on his girlfriend by way of intoxicating her temporarily to fulfil his sexual desire/lust. The accused and the minor victim girl were in a romantic relationship, however after the refusal of the minor to build a sexual relationship with him, the accused committed...

Person Seeking Appointment In District Courts Must Have Impeccable Character & High Integrity Without Criminal Antecedents: Allahabad High Court

While upholding the dismissal of Group "D" employee of District Court Judgeship, Etah, the Allahabad High Court held that any person seeking appointment in District Court Judgeship must have impeccable character and high integrity without criminal antecedents. The Court held that any person without clean antecedents can damage the organization. The bench comprising of...

Filing Of Pending Application For Compulsory License Does Not Entitle Applicant To Infringe Owner's Copyright: Delhi High Court

The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction against Al-Hamd Tradenation, restraining it from using Phonographic Performance Limited's copy-righted sound recordings. Even though Al-Hamdhad applied for a compulsory license of those recordings which was pending approval, it was not entitled to use Phonographic Performance Limited's sound...

Hardly Any Enquiry About Accused's Previous Conduct Before Sentencing: Punjab & Haryana HC Issues Directions For Trial Courts In Cheque Dishonour Cases

The Punjab & Haryana High Court has issued directions to the trial court which deal with the trials of Section 138 of the Negotiable Instrument Act (NI Act), observing that it "trial courts hardly inquire about accused's previous conduct before passing the order of sentence, whereas, it is significant to do so to exercise the discretionary power (to order running of concurrent...

Allahabad High Court Seeks UOI, State Reply On PIL Seeking Inclusion Of Bhat Community In ST Category In UP

The Allahabad High Court has issued notices to the Union of India (UOI) and the Uttar Pradesh state government, seeking their responses to a Public Interest Litigation (PIL) plea seeking the inclusion of the Bhat community in the Scheduled Tribes (ST) category within the state of Uttar Pradesh. The PIL plea, filed by Akhil Bhartiya Bhat Samaj Ekta and its president (Pavnendra...

Indirect Tax Weekly Round-Up: 14 To 20 July 2024

Supreme CourtChewing Tobacco Packed In High-Density Polyethylene Bags Are 'Wholesale Package'; Cannot Be Taxed As Retail Product Under Excise Act : Supreme CourtCase Details: Commissioner of Central Excise, Jaipur -II v. M/s Miraj Products Pvt. Ltd. Citation : 2024 LiveLaw (SC) 470The Supreme Court recently held that pouches of chewing tobacco packed in High-Density Polyethylene (HDPE) bags...

Police Officers Must Follow SC Mandate On Furnishing Grounds Of Arrest To Accused In Writing: Bombay High Court

The Bombay High Court recently said that every police officer in each case, before making any arrests, must inform the person to be arrested, in writing, the grounds of his arrest and only then proceed to effect arrest, as the same is the law of the land as laid down by the Supreme Court of India.A division bench of Justices Bharati Dangre and Manjusha Deshpande granted bail to one...

Arbitrator Must Determine Validity Of Coercion Claims In Settlement Agreements, Termination Of Arbitration Improper: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna has held that claims of coercion or economic duress in a settlement agreement require examination by an arbitrator to determine their validity. The bench held that the Arbitrator's summary dismissal of the claimant's plea and the termination of arbitration proceedings without a trial were improper. Further, Justice...