India Columns

Motor Accident Claimant Not Required to Prove Ownership of Driver Over Offending Vehicle: Punjab and Haryana HC

Date: Oct 31, 2022

The Punjab & Haryana High Court in Mohinder Lal @ Mohinder Pal v. Ladi and Others observed that the test in the Motor Accident Claims Tribunal (MACT) cases is not 'beyond reasonable doubt' but...

Merely placing Sale Deed on record doesn't absolve party from establishing the Right to Claim land compensation when possession is not established: Delhi HC

Date: Oct 28, 2022

Case Title: Citicap Housing Developments Ltd V. Union of India & Ors. The Delhi High Court has noted that when the fact of ownership in a party's favour cannot be proven from the records available,...

Philips v. Syska | Mere trade variants of pre-existing designs not capable of registration: Delhi High Court

Date: Oct 28, 2022

Case Title: Philips Lighting Holding B.V. V. Jai Prakash Agarwal & Anr. According to the Delhi High Court, a design that is identical to or even substantially similar to one that already exists shall...

Rape Includes Marital Rape for the Purposes of the MTP Act: Supreme Court

Date: Oct 28, 2022

The Supreme Court in X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, observed that for the purposes of the MTP Act, rape shall also mean to include marital rape....

Principles Of Natural Justice Are Frequently Violated by Income Tax Officers: Allahabad HC

Date: Oct 28, 2022

The Allahabad High Court in Nabco Products Private Limited versus Union of India and Ors. criticised the attitude of the income tax officers and observed that Income Tax Authorities are frequently...

Postmortem report by itself, not substantive evidence, can't discharge murder accused only based on it: Supreme Court

Date: Oct 28, 2022

Case Title: Ghulam Hassan Beigh V. Mohammad Maqbool Magrey & Ors. The Supreme Court stated that a trial court could not acquit the accused of murder based solely on a post-mortem report identifying...

Service Law Update: Court Cannot Re-Appreciate Evidence Already Considered by Departmental Authorities

Date: Oct 28, 2022

The Delhi High Court in SH D.C. NARNOLIA v. CANARA BANK AND ORS observed that the Courts while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental...

An application under section 311 CrPC Cannot Be Dismissed Merely on the Ground That It Will Lead to Filling in Loopholes of Prosecution Case: Supreme Court

Date: Oct 28, 2022

The Supreme Court in Varsha Garg vs State of Madhya Pradesh an application under Section 311 CrPC cannot be dismissed merely on the ground that it will lead to filling in the loopholes of the...

'Khadi' Trademark Infringement Suit- permanent injunction granted against 'Khadi By Heritage'

Date: Oct 28, 2022

The Delhi High Court in Khadi & Village Industries Commission v/s Raman Gupta And Others in the trademark infringement suit filed by KHADI granted a permanent injunction against ‘KHADI BY HERITAGE’...

Application to be filed within time frame under Section 8 of the Arbitration & Conciliation Act: Delhi High Court

Date: Oct 28, 2022

In the case of M/S. SPML Infra Ltd. versus M/S. Trisquare Switchgears Pvt. Ltd, the Court noted that the Parliament had shortened the deadline for submitting a written statement in a commercial...

An application under the Companies Act against Order rejecting Waiver of Interest; Dispute falls within the scope of VSV Act: Delhi HC

Date: Oct 28, 2022

Case Title: Kapri International Pvt. Ltd. versus Commissioner of Income Tax The Delhi High Court has ruled that the Direct Tax Vivad Se Vishwas Act, 2020 (VSV Act) will apply in cases where a company...

There cannot be two Arbitration proceedings with respect to the same contract or transaction: Supreme Court

Date: Oct 28, 2022

Case Title: M/S Tantia Constructions Limited V. Union of India The Supreme Court stated that when a dispute has already been referred to arbitration and an award has been made on the claims made, it...

Right To Change Name Is a Facet of Fundamental Right under Article 19(1)(a) of the Indian Constitution

Date: Oct 28, 2022

The Allahabad High Court in Rashmi Srivastava v. State Of U.P. Thru. Prin. Secy. Secondary Education Lko and ors, observed that the right to change the name is a facet of a fundamental right as...

Able-Bodied Husband Should Earn by Legitimate Means and Maintain His Wife and Minor Child: Supreme Court

Date: Oct 28, 2022

The Supreme Court Anju Garg vs Deepak Kumar Garg observed that the husband is required to earn money even by physical labour, if he is able-bodied, and could not avoid his obligation, except on the...

Strong circumstances needed to reverse the order of acquittal: Allahabad High Court

Date: Oct 27, 2022

In the case of  State of U.P. v. Laxmi And Others, the court observed that all of the witnesses in the case had repeatedly testified regarding the accused's overt actions, including shooting the...

Mother has the right to include the surname of second husband to child after the death of the first husband: Supreme Court

Date: Oct 27, 2022

A mother can include the surname of second husband to a child's name after the death of the first husband held Supreme Court in case of Akella Lalita v. Sri Konda Hanumantha Rao . In this appeal, the...

Writ of Mandamus not a remedy against private wrongs, Court cannot interfere with private body's internal management: Delhi HC

Date: Oct 27, 2022

Title: Prakash Singh V. Union of India & Anr. The Delhi High Court has noted that the writ of mandamus' scope is against private authorities who may be carrying out public duties with a focus on the...

Conscious Possession Is 'Core Ingredient' To Establish Guilt Under Arms Act : Delhi High Court

Date: Oct 27, 2022

The Delhi High Court in Namanpreet S Dhillon v/s State has quashed an FIR registered against a US citizen found in possession of live ammunition at the Indira Gandhi International Airport at New...

A plaint cannot be rejected on the ground that the quantum of damages claimed in it cannot be granted under order VII Rule 11 of CPC : Delhi High Court

Date: Oct 27, 2022

Recently the Delhi High Court in the case of Hema Gusain Vs. India International and Others noted that a plaint cannot be rejected on the ground that the quantum of damages claimed in it cannot be...

Plea against blanket ban on sale and manufacture of crackers In Delhi dismissed by the Delhi High Court

Date: Oct 27, 2022

In the case of Shiva Fire Works and Anr v. Govt. of NCT of Delhi and Ors, the Delhi Pollution Control Committee (DPCC) issued an order on September 14 banning the production, storage, sale, and use...