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India Columns

The violation of Principles of Natural Justice in Patents Act Case

The violation of Principles of Natural Justice in Patents Act Case

Date: Oct 27, 2022
Delhi High Court stated that non-consideration of grounds in rejecting pre-grant opposition constitutes violation of principles of natural justice in case of Best Agro Life Limited v. Deputy...
Electricity Company Does Not Require Landowner's Consent For Laying Down Overhead Transmission Lines

Electricity Company Does Not Require Landowner's Consent For Laying Down Overhead Transmission Lines

Date: Oct 27, 2022
The Gujarat High Court in PARTH KRISHNKANT PATEL v/s MANAGING DIRECTOR/ GENERAL MANAGER (LEGAL CELL) observed that "The Electricity Act, 2003, is a progressive enactment, with a specific purpose of...
'Suitable Employment' for Compassionate Appointment Must Be Understood with Reference to the Post Held by the Deceased Employee

'Suitable Employment' for Compassionate Appointment Must Be Understood with Reference to the Post Held by the Deceased Employee

Date: Oct 27, 2022
The Supreme Court in Suneel Kumar v/s State of UP observed that "suitable employment" for compassionate appointment must be understood with reference to the post held by the deceased employee. In...
Article on Section 23(1)(b) of the Hindu Marriage Act, 1955

Article on Section 23(1)(b) of the Hindu Marriage Act, 1955

Date: Oct 21, 2022
Condonation as a Bar to Matrimonial Relief: An Analysis of Section 23(1)(b) of the Hindu Marriage Act, 1955 Introduction The Hindu Marriage Act, 1955 (hereinafter "HMA") provides for various...
Gems v. James Bond: Delhi HC permanently Injuncts manufacturer from using Cadbury's Trademark

Gems v. James Bond: Delhi HC permanently Injuncts manufacturer from using Cadbury's Trademark

Date: Oct 21, 2022
Case Title: Mondelez India Foods Pvt. Ltd. & Anr. V. Neeraj Food Products The Delhi High Court has imposed a permanent and binding injunction on a manufacturer, Neeraj Food Products, for violating...
Delay in filing an Appeal under S. 18 of the POSH Act can be condoned under S. 5 Limitation Act: Delhi HC

Delay in filing an Appeal under S. 18 of the POSH Act can be condoned under S. 5 Limitation Act: Delhi HC

Date: Oct 21, 2022
Case Title: DB Corp Ltd V. Shailja Naqvi & Ors.  The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act/SHW Act) permits a victim to file an appeal...
Analysis of Section 167(2) CrPC

Analysis of Section 167(2) CrPC

Date: Oct 21, 2022
The Indefeasible Right to Default Bail under Section 167(2) CrPC: A Comprehensive Analysis of Indian Jurisprudence Introduction Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) stands as...
Party is not bound to mention the name of the arbitrator, referral of the matter to the institution is sufficient: Karnataka High Court

Party is not bound to mention the name of the arbitrator, referral of the matter to the institution is sufficient: Karnataka High Court

Date: Oct 20, 2022
In the case of M/s Geosmin Studio Sustainable Solutions LLP versus M/s Ethnus Consultancy Services Pvt. Ltd, an agreement for "Interior Architectural Services and Construction" between the...
Writ Jurisdiction Can Be Exercised Only When Either the Person or Authority to Which Writ Issued, or Cause of Action Is Within Its Territory

Writ Jurisdiction Can Be Exercised Only When Either the Person or Authority to Which Writ Issued, or Cause of Action Is Within Its Territory

Date: Oct 20, 2022
The Delhi High Court in H.S. Rai  v/s  UOI & Ors observed that the High Court can exercise its power under Article 226 of the Constitution of India either when the person or authority to which the...
Court's Jurisdiction Under Article 226 Not Always Ousted in the Presence of an Arbitration Clause

Court's Jurisdiction Under Article 226 Not Always Ousted in the Presence of an Arbitration Clause

Date: Oct 20, 2022
The Jammu and Kashmir and Ladakh High Court in M/S Amira Engineers Vs Telecommunications Consultants India & Ors. has held that writs under Article 226 are maintainable for asserting contractual...
Man charged under UAPA based on suspicion and confession was discharged by Madras High Court

Man charged under UAPA based on suspicion and confession was discharged by Madras High Court

Date: Oct 20, 2022
In the case of Sadam Hussain v. State and another,  the police detained the appellant in questionable circumstances. Later, the appellant admitted that he had been sent to kill Kumaresan by ...
Revision petition dismissed by Gujarat High Court seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case

Revision petition dismissed by Gujarat High Court seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case

Date: Oct 20, 2022
In the case of Gopalbhai Naranbhai v. State of Gujarat, the court ruled that there is enough evidence in the record to support the petitioner's guilt, and that the proof is sufficient. It continued...
Denial of Speedy Trial infringes Fundamental Rights under Article 21, could be a ground for grant of Bail: Delhi HC

Denial of Speedy Trial infringes Fundamental Rights under Article 21, could be a ground for grant of Bail: Delhi HC

Date: Oct 20, 2022
Case Title: Gurmito v. Central Bureau of Investigation The Delhi High Court has issued an incredibly laudable, historic, learned, and most recent judgement in Bail Appl 1621/2022 pronounced on July...
A Restraining Order was quashed due to no live link being found between offences and externment order

A Restraining Order was quashed due to no live link being found between offences and externment order

Date: Oct 20, 2022
The Chattisgarh High Court in Taukeeir Ahmed Khan v State of Chhattisgarh & Ors. set aside an order of externment passed by a District Magistrate owing to the authority for its decision being old and...
Pendency of an arbitration proceeding between the parties on the same cause of action is not a bar to the institution of an admiralty suit: Bombay High Court

Pendency of an arbitration proceeding between the parties on the same cause of action is not a bar to the institution of an admiralty suit: Bombay High Court

Date: Oct 20, 2022
In the case of  Vision Projects Technologies Pvt. Ltd.  v. OSV Crest Mercury, the pendency of an arbitration proceeding between the parties on the same cause of action is not a bar to the institution...
Abetment of Suicide | Mere allegation of pressure at workplace without any specific Act will not attract S.306 IPC: Andhra Pradesh HC

Abetment of Suicide | Mere allegation of pressure at workplace without any specific Act will not attract S.306 IPC: Andhra Pradesh HC

Date: Oct 20, 2022
Case Title: B.Sridevi V. The State of Andhra Pradesh  Pre-arrest bail was recently awarded by the Andhra Pradesh High Court to an accused under Section 306 of the Indian Penal Code (punishment for...
The Mussalman Wakf Validating Act, 1913: A Legal Analysis

The Mussalman Wakf Validating Act, 1913: A Legal Analysis

Date: Oct 20, 2022
An Examination of the Mussalman Wakf Validating Act, 1913: Legislative Intent, Judicial Interpretation, and Enduring Significance in India Law Introduction The Mussalman Wakf Validating Act, 1913...
Bail Granted to Accused as Parents Of 8-year-old Sexual Assault Victim Refuse to Get Her Medically Examined

Bail Granted to Accused as Parents Of 8-year-old Sexual Assault Victim Refuse to Get Her Medically Examined

Date: Oct 20, 2022
The Allahabad High Court in Manoj Saxena v. State of U.P. and Another granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon...
The Evidentiary Value of the Phenolphthalein Test in Indian Anti-Corruption Law

The Evidentiary Value of the Phenolphthalein Test in Indian Anti-Corruption Law

Date: Oct 19, 2022
Beyond the Pink Hue: The Role and Limitations of the Phenolphthalein Test in Proving Bribery in India Introduction In the landscape of Indian anti-corruption law, the "trap" procedure remains a...
National Commission for Scheduled Castes Not Equivalent to Civil Court

National Commission for Scheduled Castes Not Equivalent to Civil Court

Date: Oct 19, 2022
The Delhi High Court in National Small Industries Corporation Ltd. V. National Commission For Scheduled Castes & Ors. held that National Commission for Scheduled Castes cannot issue directions after...
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