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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..

In Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow, the Allahabad High Court held that the trial Court is empowered to permit the prosecution to produce certificates u/s 65-B (4) of the Indian Evidence Act at a later point during the trial.  A Single Bench consisting of Justice Dinesh Kumar Singh ma..

KEY TAKEAWAYS Criminal Conspiracy and its punishment under Section 120B, IPC. Essentials of Criminal Conspiracy History of criminal conspiracy in India Nature of S. 120B li style="text-align:..

Key Takeaways The trial is employed in cases where the court has the authority to either convict or acquit the accused individual of an offense. A summary trial is a type of trial in which matters are resolved quickly, the procedure is shortened, and the proceedings are recorded..

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 cognizance order.  In the instant case, an FIR was registered against the petitioner/accused for offences under ..

Key Takeaways The situation of helpless Indian men. Patriarchal thinking of the Indian society against the male victims. Discussed Section 2(q) and 2(a) of the DV Act. Discussed the cases of Hiral P Harsora vs Narottamdas Harsora & Ors,Mohammad Zakirv. Shabana. Analyzed the recent decision of the J&KCourt. h..