India Columns

A defendant may be asked to lead evidence first if the case set up by him is of such a nature that proving it would decide all issues in the suit: Delhi HC

Date: Nov 1, 2022

Case Title: Smt. Poonam Bhanot V. Virender Sharma & Ors. According to the Delhi High Court, the Court has the power to issue the required instructions under Order 18 Rule 1 CPC on the procedural...

MACT CLAIMS:- Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims

Date: Nov 1, 2022

The Supreme Court in Janabai Dinkarrao Ghorpade v. ICICI Lambord Insurance Company Limited observed that the rule of evidence to prove charges in a criminal trial cannot be used while deciding an...

Service Law Update:- Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide

Date: Nov 1, 2022

The Supreme Court in Armed Forces Ex Officers Multi Services Cooperative Society Ltd vs Rashtriya Mazdoor Sangh (INTUC) observed that continuity of service can be directed in cases where the...

A place designated as the "Venue" of Arbitration in its entirety, is the "Seat" of Arbitration: Bombay HC

Date: Nov 1, 2022

Case Title: Priya Malay Sheth versus VLCC Health Care Ltd. According to the Bombay High Court, if a location is specified as the "venue" of the arbitration proceedings in their totality in an...

Mohd Zubair to Delhi HC: "Delhi Police created a false disclosure statement to raid my residence; I don't post content to trigger religious sentiments"

Date: Nov 1, 2022

Case Title: Mohammed Zubair v. State Mohammed Zubair, a co-founder of Alt News, has informed the Delhi High Court that he has not provided any information to the investigating officer or any other...

SARFAESI Proceedings Cannot Be Continued Against Corporate Debtor Once CIRP Is Admitted and Moratorium Is Ordered: Supreme Court

Date: Nov 1, 2022

The Supreme Court in Indian Overseas Bank v. RCM Infrastructure Ltd observed that proceedings under the SARFAESI Act cannot be continued once the CIRP (Corporate Insolvency Resolution Process)...

Child can seek for Anticipatory bail under Section 438 of CrPC when in conflict of law: Bombay High Court

Date: Nov 1, 2022

In the case of Raman & Manthan v. The State of Maharashtra, it was observed that in case a child is in conflict with law as per the Juvenile Justice (Care and Protection of Children) Act, 2015, then...

Remedies under SARFAESI Act are expeditious & effective: Gujarat HC declines Writ Petition against rejection of early hearing by DRT

Date: Nov 1, 2022

Case Title: M/S. Mahee Cotex V. Central Bank of India (Authorised Officer) In response to a petition appealing a decision of the Debt Recovery Tribunal that denied the petitioner's request for...

Wait lists cannot be mandated by Writ Jurisdiction in recruitment exams

Date: Nov 1, 2022

The Orissa High Court has held that authorities cannot be ordered to publish a "wait list" in a recruitment exam as a result of a writ of mandamus. The recruiting entity must decide whether to create...

If the Defendant cannot Adduce evidence after filing of written statement, the Decree becomes Ex-parte in nature: Andhra HC

Date: Nov 1, 2022

In the case of S Subrahmanyam Naidu v. V. Ramachandra Naidu, the defendant appealed the decision and judgement in the plaintiff's lawsuit for a relief of Rs. 42,96,648 plus interest at 12% per year...

Conviction Solely On The Basis Of Extra Judicial Confession Unsustainable: Supreme Court

Date: Nov 1, 2022

The Supreme Court in State of Rajasthan v. Kistoora Ram observed that extra­ judicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the...

Supreme Court's Guidelines on Criminal Trial in all Sexual Harassment Cases barring Rape

Date: Nov 1, 2022

The Supreme Court XYZ v/s State of Madhya Pradesh reiterated that it is the responsibility of the Courts to deal with the victims of sexual crimes in a sensitive manner. In light of this, it also...

There is no limitation in filing an appeal under Section 14A of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989: Allahabad High Court

Date: Nov 1, 2022

In an appeal filed under Section 14A of the SC/ST Act, Ghulam Rasool Khan and others/appellants contested the lower court's decision to take the case under consideration and summon them to trial. It...

Allahabad HC directs CBI Probe into Alleged 'Fake' Case Registered by UP Police Personnel Against Dalit Family Members

Date: Oct 31, 2022

The Allahabad High Court in Sumit Kumar And Another v. State Of U.P. And 2 Others directed the CBI to probe a kidnapping case against two persons/accused after they alleged that they were being...

No recovery can be made from pension if the employee's promotion was not based on any misrepresentation: JK&L High Court

Date: Oct 31, 2022

Case Title: Sonam Dolma Vs Bharat Sanchar Nigam Limited & Ors. A split bench of the J&K&L High Court decided today that there can be no recovery of any kind from the petitioner's retirement...

Duration Of Custody Alone Not Ground For Grant Of Bail under the NDPS Act: Punjab and Haryana HC

Date: Oct 31, 2022

The Punjab and Haryana High Court in Gurbhej Singh @ Bheja v. State of Punjab reiterated that the duration of custody alone is not a ground for grant of bail under the NDPS Act.  The Court observed...

Mere fact that both prior & subsequent users are registered Trademark proprietors irrelevant for examining who generated Goodwill first: Delhi HC

Date: Oct 31, 2022

Case Title: Mrs Anugya Gupta V. Mr Ajay Kumar & Anr. The Delhi High Court has reaffirmed that it is irrelevant to determine who created the goodwill in the market first and whether the subsequent...

A Decree Includes Order Rejecting the Plaint Under Order 7 Rule 11 CPC: Punjab and Haryana High Court

Date: Oct 31, 2022

The Punjab & Haryana High Court in Nimrata Shergill and another Versus Shop Owners Welfare Association observed that a decree includes an order rejecting plaint under order 7 rule 11 CPC, and is...

Unfilled seats of women can be filled by men in the same category: Karnataka HC

Date: Oct 31, 2022

The Karnataka High Court ruled that both recruitment notifications issued under the General Recruitment Rules and recruitment as regards backlog vacancies under the Special Recruitment Rules are...

Unity or plurality of inventions & whether they form a single inventive concept to be determined from claims: Delhi High Court

Date: Oct 31, 2022

Case Title: Boehringer Ingelheim International Gmbh V. The Controller of Patents & Anr. According to the Delhi High Court, a reading of the claims must be used to determine if an invention is a...