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India Columns

Evidentiary Status of Panchnama in Indian Law

Evidentiary Status of Panchnama in Indian Law

Date: Oct 13, 2022
The Evidentiary Status of Panchnama in Indian Criminal Jurisprudence: Substantive or Corroborative? I. Introduction The Panchnama, a document frequently encountered in the annals of Indian criminal...
The trademark Infringement case: Khadi and village industries commission Vs. Raman Gupta and Others

The trademark Infringement case: Khadi and village industries commission Vs. Raman Gupta and Others

Date: Oct 12, 2022
In the case of KHADI & VILLAGE INDUSTRIES COMMISSION v. RAMAN GUPTA AND OTHERS brought by KHADI, the Delhi High Court granted a permanent injunction against KHADI BY HERITAGE, which sells PPE kits,...
No member from the Rifle's Association can hold more than two firearms under the Arms Act: Delhi High Court

No member from the Rifle's Association can hold more than two firearms under the Arms Act: Delhi High Court

Date: Oct 12, 2022
In the case of Meet Malhotra vs. Union of India and Others, the petitioner had obtained a firearm license and was a life member of the National and State Rifle's Associations. Along with the point 22...
Calcutta HC Issues a List of Directions to Special Courts to Ensure Smooth & Prompt Examination of Minor Victims

Calcutta HC Issues a List of Directions to Special Courts to Ensure Smooth & Prompt Examination of Minor Victims

Date: Oct 12, 2022
The Calcutta High Court in Soumen Biswas @ Litan Biswas v/s State of West Bengal issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor...
National Commission for Scheduled Castes not equivalent to Civil Court, can't issue directions after deciding Inter Se Rights of parties: Delhi HC

National Commission for Scheduled Castes not equivalent to Civil Court, can't issue directions after deciding Inter Se Rights of parties: Delhi HC

Date: Oct 12, 2022
Case Title: National Small Industries Corporation Ltd V. National Commission for Scheduled Castes & Ors. The National Commission for Scheduled Castes is not equivalent to a Civil Court. As a result,...
Physical Presence in the country is not mandatory for filing an application for anticipatory bail but the applicant must be present for the final hearing.

Physical Presence in the country is not mandatory for filing an application for anticipatory bail but the applicant must be present for the final hearing.

Date: Oct 12, 2022
The Kerala High Court in Vijay Babu v. State of Kerala & Anr. has held that Section 438 of CrPC has no restrictive mandate that a person outside India cannot file an application seeking anticipatory...
Limitation Act has no application when the right itself is extinguished by the statute

Limitation Act has no application when the right itself is extinguished by the statute

Date: Oct 12, 2022
The Apex Court in case of Bhagwandas B. Ramchandani v. British Airways, made an observation that the provisions of Limitation Act have no applicability when the statute extinguishes the right itself....
Service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007 held Supreme Court

Service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007 held Supreme Court

Date: Oct 12, 2022
The Supreme Court ruled that composite works contracts could not be subject to service tax before the Finance Act of 2007, which amended the Finance Act of 1994 and added Section 65(105)(zzzza)...
Procedural formalities in CPC intended To facilitate Litigation, not to be abused as Instrument of Oppression to frustrate proceedings: Delhi HC

Procedural formalities in CPC intended To facilitate Litigation, not to be abused as Instrument of Oppression to frustrate proceedings: Delhi HC

Date: Oct 12, 2022
Case Title: Extreme Coating Private Ltd V. Jotun India Private Ltd  The Delhi High Court has ruled that the procedural formalities in the CPC are intended to facilitate litigation by outlining the...
Analysis of the Kerala Buildings (Lease and Rent Control) Act, 1965

Analysis of the Kerala Buildings (Lease and Rent Control) Act, 1965

Date: Oct 12, 2022
An Analytical Overview of the Kerala Buildings (Lease and Rent Control) Act, 1965 Introduction The Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" or...
No court can re-appreciate evidence that has already been considered by the departmental authorities: Delhi High Court

No court can re-appreciate evidence that has already been considered by the departmental authorities: Delhi High Court

Date: Oct 12, 2022
In the case of D.C Narnolia Vs. Canara Bank and others, the petitioner, who was a Canara Bank employee, was charged because of some abnormalities in a few group accounts, according to the case's...
Right To Carry on Trade Under Article 19 Does Not Warrant Any Individual to Compel Govt to Enter into a Contract.

Right To Carry on Trade Under Article 19 Does Not Warrant Any Individual to Compel Govt to Enter into a Contract.

Date: Oct 12, 2022
The Delhi High Court in Accurate Auctioneers V. Union Of India & Anr held that neither Article 19 nor any other provision of the Constitution of India recognizes a right inhering in an individual to...
Supersession of the Arbitration clause must not be inferred lightly: Delhi High Court

Supersession of the Arbitration clause must not be inferred lightly: Delhi High Court

Date: Oct 12, 2022
Shristi Infrastructure Development Corporation Ltd. V. Ircon International Ltd The Delhi High Court has declared that the Court must incline toward directing the issue to arbitration where there is...
If the prior rejection reason has been waived, a second anticipatory bail plea is admissible

If the prior rejection reason has been waived, a second anticipatory bail plea is admissible

Date: Oct 12, 2022
The Allahabad High Court noted that if the justification for denying the first bail plea has been removed, the Court may consider the second anticipatory bail motion. Anurag Dubey, who was charged...
The Doctrine of Non-Application of Mind in Indian Law

The Doctrine of Non-Application of Mind in Indian Law

Date: Oct 11, 2022
The Doctrine of Non-Application of Mind in Indian Jurisprudence: A Scholarly Analysis Introduction The doctrine of non-application of mind is a critical facet of administrative law in India, serving...
FIR under section 377 IPC Can Be Quashed In Matrimonial Cases Post Settlement Between The Parties.

FIR under section 377 IPC Can Be Quashed In Matrimonial Cases Post Settlement Between The Parties.

Date: Oct 11, 2022
The Delhi High Court in Aneesh Gupta & Ors. V. State Of Nct Of Delhi & Anr.  observed that in matrimonial cases where settlement has taken place, an offence under sec. 377 of the Indian Penal Code...
A class action involved in a Consumer Complaint, amendment cannot be allowed without following O1 R8(4): Delhi High Court

A class action involved in a Consumer Complaint, amendment cannot be allowed without following O1 R8(4): Delhi High Court

Date: Oct 11, 2022
In case of  Puri Constructions Ltd v. Shailesh Gupta & Ors.,under Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 (CPC), Section 21 of the Consumer Protection Act, 1986, and...
When a manufacturer uses a trademark that is derived from a drug's main ingredient, they cannot claim exclusivity over it held, Delhi HC

When a manufacturer uses a trademark that is derived from a drug's main ingredient, they cannot claim exclusivity over it held, Delhi HC

Date: Oct 11, 2022
Sun Pharmaceutical Laboratories Ltd The appellant, in the case of Sun Pharmaceuticals Ltd v. Hetero Healthcare Ltd. & Anr.  filed a lawsuit alleging trademark infringement and passing off and asking...
Anand Subramanian and Chitra Ramkrishna in the CBI case have been granted statutory bail

Anand Subramanian and Chitra Ramkrishna in the CBI case have been granted statutory bail

Date: Oct 11, 2022
In the co-location scam case being investigated by the Central Bureau of Investigation, the Delhi High Court granted statutory bail to the former National Stock Exchange (NSE) CEO Chitra Ramkrishna...
'Excess Retiral Benefits' cannot be recovered if the officer is allowed to continue beyond the retirement date

'Excess Retiral Benefits' cannot be recovered if the officer is allowed to continue beyond the retirement date

Date: Oct 11, 2022
The Bombay High Court in Dr Prakash Borulkar v. State of Maharashtra and Ors. granted relief to a retired medical officer of Thane Municipal Corporation (TMC) whose pension and gratuity was reduced...
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