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09/10/2024

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22/09/2024

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Section 14 of the Copyright Act, says that copyright is an exclusive right to do or authorize the doing of certain acts. Read more to understand details of copyright

09/03/2022

The Kerala High Court on Monday ruled that the question of maintainability of a writ petition can be raised by the respondents years after its admission and even if an interim relief has been granted on the plea.

There cannot be any dictum or general rule that once a writ petition is admitted and an interim order is granted, the question of maintainability cannot be raised subsequently, even though the writ petition came up for hearing after several years.Each case has to be decided based on its facts. Of course, the exercise of discretion by this court while exercising the powers under Article 226, when an alternative remedy is available, that also after the lapse of several years from the date of admission of the case is to be fair to all parties.

Case Title: Union Bank of India v. K.J. Jose & Ors.

Citation: 2022 LiveLaw (Ker) 119

07/03/2022

In a significant observation and widening the scope of Section 377 of IPC (Unnatural offences), the Punjab and Haryana High Court has held that this offence is attracted even in a situation where the pe*******on happens to be on any other part of the body of a victim (other than Va**na) with sexual intent.

Significantly, this decision of the High Court also makes it clear that merely because there is no injury or mark of violence on the person of the victim, it can't be said that this provision won't be attracted in case of a 'carnal in*******se'.

Case title - Ankit And Others v. State Of Haryana

22/09/2021

Order VII Rule 11 CPC: Plaint Has To Be Rejected If Reliefs Claimed In It Cannot Be Granted Under Law: Supreme Court

The court added that underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings.

Citation: LL 2021 SC 483 Case name: Rajendra Bajoria Vs. Hemant Kumar Jalan Case no.| Date: CA 5819-­5822 OF 2021 | 21 September 2021

31/08/2021

Wife Creates Matrimonial Profile : Bombay High Court Grants Husband Divorce On Grounds Of 'Mental Cruelty'

On the basis of wife's marriage profiles on two matrimonial websites, it can be inferred that she wanted to get rid of the appellant and wanted to perform the second marriage

Premdeep S/o. Nishikant Matlane,..
VERSUS..
Mrs Bhavana W/o. Premdeep Matlane,

FAMILY COURT APPEAL NO. 24 OF 2020, Bombay High Court

13/07/2021

Act Of Accused Taking Off His Own & Victim's Trousers Without Pe*******on Amounts To Sexual Assault Under POCSO, Not 'Attempt To R**e'.

The Jammu and Kashmir High Court has held that the act of an accused to take off his own and victim's trousers, in the absence of pe*******on, does not amount to 'attempt to r**e' within the meaning of Section 376/511 of IPC. However, the Court has said that the act may amount to sexual assault under Section 7/8 of POCSO Act.

"In the instant case, the petitioner had allegedly stripped the victim naked and had also taken off his trousers. This was, thus, an effort of making preparation for committing an attempt. Without there being any further act committed by the petitioner, it is difficult to arrive at a conclusion that the petitioner intended to commit r**e or that the act attributed to the petitioner amounts to an attempt to commit r**e".

02/06/2021

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court.

"Modern times are replete with the instances of children raised by single parents having grown as responsible adults contributing to nation-building in various fields."

Mandeep Kaur vs State of Punjab and others

CRWP No.8319 of 2020

08/05/2021

Non compliance of section 35 of the Protection of Children from Sexual Offences (POCSO) Act, will not entitle the accused to be released on default bail.

Section 35 of the POCSO Act provides that the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court. Further, Section 35 also lays down that the Special Court. Further, Section 35 also lays down that the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.

The object and purpose of Section 35 of the POCSO Act is to ensure that the victim child is secured from the trauma of trial of the case at the earliest so that she or he could be rehabilitated and reintegrated into society at the earliest. The said provision is not to be interpreted in favour of the accused so as to mandate release of the accused.

HANUMANTHA MOGAVEERA vs STATE OF KARNATAKA

CRIMINAL PETITION No.2951/2020

17/04/2021

https://www.livelaw.in/top-stories/138-ni-act--supreme-court-ni-act-discharge-accused-recall-summons-section-258-crpc-172675?infinitescroll=1

The Supreme Court has recommended an amendment empowering Magistrate to recall summons in respect of complaints under Section 138 Negotiable Instrument Act.The Constitution Bench headed by CJI SA...

01/04/2021

POCSO- FIR Cannot Be Quashed On The Ground That Victim Decided To Compromise Matter After Attaining Majority: Delhi High Court.

Exercising jurisdiction under Section 482 Cr.P.C to quash an offence under POCSO Act would go against the intention of the legislature which has brought out the special enactment to protect the interests of children.

DINESH SHARMA AND ORS vs STATE AND ANR

CRL.M.C. 1002/2021

18/03/2021

In a trial for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, the accused can seek the conversion of summary trial as summons trial only after disclosing his plea of defence

Sumit Bhasin v State of NCT of Delhi.