In Suresh Ladak Bhagat v The State of Maharashtra, the Bombay High Court set aside the conviction of an accused in connection with the murder of his wife. The Court took this decision even after knowing that the body of the victim was found in their home and the accused was found near her. A Division Bench compri..
In Anoop vs State of Kerala and ors, the Hon’ble Kerala HC has showcased its concerns over adolescents being unaware of the consequences of having sex, even if the same is consensual, with each other, under the POCSO Act and the amended section 376 IPC. The Court also added that the POCSO Act, unfortunately..
Frequently Visiting Parents House Without Taking Husband’s Consent Not Cruelty: Allahabad HC In Mohit Preet Kapoor vs Sumit Kapoor the Hon’ble Allahabad HC has held that the wife frequently visiting her parents house without taking the consent of her husband and other family members can neither amount to c..
In Jatin Kumar Kishore Kumar Bhatt v. State of Gujarat, the Gujarat High Court held that a meritorious candidate belonging to reserved category should be permitted to merge in the unreserved category because of his own merits. Depriving such a candidate from securing a birth in the unreserved category would result in c..
Key Takeaways India's constitution guarantees religious freedom. The laws for religious offences are discussed in the Indian Penal Code. Religion-related offences are covered under Sections 295, 295A, 296, 297, and 298. Section 297 dea..
In Riyaz Ahmad Mir V Union Territory of J&K & Ors, the Jammu and Kashmir and Ladakh High Court quashed an order regarding preventive detention against a person who was already facing a trial in a similar case and a similar accusation. The Divisional Commissioner, Kashmir issued the Detention Order with a view t..
In Mohit Preet Kapoor vs Sumit Kapoor the Hon’ble Allahabad HC has held that the wife frequently visiting her parents house without taking the consent of her husband and other family members can neither amount to cruelty nor desertion. The instant appeal was filed by the wife challenging the judgement and o..
Income, Age, Bigger Family Cannot Be The Sole Factor To Tilt The Balance In Child Custody Cases: SC In Swaminathan Kunchu Acharya vs State of Gujarat while awarding custody of the minor grandson, aged 5 years, to his paternal grandparents, the Hon’ble Apex Court has observed that income, age, bigger family canno..
In Samantha Christina Delfina Willis & Anr v State Of Karnataka and Ors, the Karnataka High Court held that a POA (power of attorney) holder of an accused cannot maintain a petition either under Article 226 or 227 of the Constitution of India r/w Section 482 of the Cr.P.C. A Single Judge Bench comprising of Justice..
Key Takeaways The concept of ‘copyright infringement’ as per the Copyright Act, 1957 and the definition of the ‘owner of copyright’ under the Act. Certain acts that can result in copyright infringement and those acts that do not constitute copyright infri..
Key Takeaways Cybersquatting is the process of registering an Internet domain name that is likely to be desired by another person, business, or organization in the hopes of selling it for a profit to that person, business, or organization. Unlike the traditional trademark system..
In Swaminathan Kunchu Acharya vs State of Gujarat while awarding custody of the minor grandson, aged 5 years, to his paternal grandparents, the Hon’ble Apex Court has observed that income, age, bigger family cannot be the sole criteria for tilting balance in child custody matters. In the instant case, the p..
After Taking Cognizance Of Offences, The Court Cannot Review Its Own Order And Drop/Withdraw Sections: Allahabad HC In Jagveer vs State of UP and ors. the Hon’ble Allahabad HC has held that once a Magistrate has taken cognizance of offences, it has no power to review its own order for dropping sections from the ..
In Anzar v. Sreedeviyamma & Anr, the Kerala High Court held that an amendment application inconsistent with that of the original written statement may be submitted without withdrawing wilful admission mentioned in the statement. Moreover, such applications will be bound to be admissible. li style="text-alig..
While according paramount importance to settlement of matrimonial dispute through mutual compromise, the Allahabad High Court has in a remarkable, refreshing, robust and rational judgment titled Ram Parvesh And 3 Others v. State of UP and Another in Application u/s 482 No. – 650 of 2022 and cited in 2022 LiveLaw (AB) 282 observed without mincing any words that..
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