News Updates
Delhi High Court Orders Delisting Of Cookware With 'Amul' Name From Online Platforms
The Delhi High Court has ordered delisting of the cookware, being sold by a businessman under 'Amul' name, from the e-commerce platforms in a trademark infringement suit filed by the manufacturers of popular dairy brand Amul. Justice Pratibha M Singh directed Maruti Metals, the cookware and pressure cooker manufacturer, to write to the e-commerce platforms selling its products for removal of...
Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife
The Karnataka High Court has quashed the POCSO case registered against a Muslim man for impregnating his minor wife. The matter was put to rest after a settlement between the accused and the victim, who was married to him as per the Mohammedan Law. The order was passed by Justice K.Natarajan on 10th October, two days before another single bench of the High Court declared that POCSO...
Allahabad High Court Rejects Prayer Of Murder Accused To Conduct Their Own, Complainant's NARCO Analysis Test
The Allahabad High Court recently rejected the prayer of certain murder accused who sought a brain mapping test/NARCO/lie detector test upon themselves as well as the complainant so as to contract out the truth of the case.The bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori however, clarified that if the Investigating Officer, on his own, decides to get the said tests conducted,...
Child Raised In Orphanage Cannot Be Declared As "Orphan" Under JJ Act If Biological Parents Are Alive: Bombay High Court
Children though brought up in an orphanage cannot be declared as 'orphans' as defined under Section 2(42) of the Juvenile Justice Care and Act, 2015 if their biological parents are alive, the Bombay High Court held. "X and Y would not be termed as 'orphan' as defined under Section 2(42) of the Act, 2015 in as much as their biological mothers are alive." The bench of Justices...
Homoeopathy Effective But Expert Bodies Like ICMR Best Judge Of Medical Protocol In Pandemic: Delhi High Court
Dismissing a public interest litigation seeking directions for permitting homoeopathic treatment of mild COVID-19 cases, the Delhi High Court Tuesday said expert bodies like Indian Council of Medical Research (ICMR) are the best judge to decide and accord approval in respect of medical protocol."It is not for the Courts to comment upon the medical protocols and the guidelines framed on...
Bombay High Court Weekly Round-Up: October 24 To October 30, 2022
Nominal Index [Citation 407 – 417] 1. Yogesh Subhash Panchal v. Mohd. Hussain Malik and Ors. 2022 LiveLaw (Bom) 407 2. Baburao s/o. Deorao Khole v. State of Maharashtra and Ors 2022 LiveLaw (Bom) 408 3. Nalini Nagnath Uphalkar v. Nagnath Mahadev Uphalkar 2022 LiveLaw (Bom) 409 4. Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited 2022...
Admission of Appeals As A Condition Precedent To Be Eligible For Settlement Under Vivad Se Vishwas Scheme Is Contrary To Law: Delhi High Court
The Delhi High Court has ruled that the Central Board of Direct Taxes (CBDT) FAQ No. 59 of Circular No.21/2020 dated December 4, 2020, which contemplates admission of appeal before the filing of declaration as a condition precedent for the appeal to be treated as pending and eligible for settlement under the Vivad Se Vishwas Scheme (VSV Act) is contrary to law.The division bench of...
"Filing False Cases Against Husband Is Cruelty": P&H High Court Grants Divorce To Man, ₹10 Lakh As Permanent Alimony To Wife
The Punjab and Haryana High Court recently decreed a divorce plea filed by a man after holding that the act of the wife of filing false and frivolous cases against her husband amounted to cruelty.However, keeping in view the requirements of the wife, the bench of Justice Ritu Bahri and Justice Nidhi Gupta further granted permanent alimony of Rs. 10 Lakh to the wife as a full and final...
Vice Chancellor Appointment | How Can Kerala University Function Without VC? High Court Slams Senate
The High Court on Tuesday grilled Kerala University Senate for not nominating a member for the selection committee, which has to consider names for appointment of the varsity's new vice chancellor.The court was hearing a petition challenging the Governor, Arif Mohammed Khan's "withdrawal" of membership of 15 Senators. Khan had taken the decision in his capacity as the Chancellor.Questioning...
Change In Land Use Not Permissible Without Prior Permission From Statutory Authority: Chhattisgarh High Court
The Chhattisgarh High Court has made it clear that change in 'land use' is not permissible without obtaining prior permission from the statutory authority. The observation was made in the context of conversion of 'open space' to a community centre, without seeking prior permission from the Director under Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.A bench comprising Chief Justice...
Delhi High Court Restrains HarperCollins From Publishing Confidential Info Of Players In Ex-Hockey India Coach's New Book
The Delhi High Court on Tuesday temporarily restrained the former coach of Indian Women Hockey Team Sjoerd Marijne and HarperCollins Publishers India from publishing confidential information about women players in his upcoming memoir.The Book authored by Marijne titled "Will Power: The Inside Story of the Incredible Turnaround in Indian Women's Hockey", is yet to be released. Justice Amit...
ITAT Suggests Government To Work-Out Mechanism To Ensure Tax Recovery From ARCs/Banks On sale Of Security Assets
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has suggested the government work out a mechanism to ensure tax recovery from Asset Reconstruction Companies (ARCs)/banks on the sale of security assets."It is time that the Government seriously considers protecting its legitimate interests by ensuring some mechanism to ensure that the tax liability on the capital gains is...