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Ban on Online Gaming With Stakes is Ultra Vires The Constitution, Must Be Struck Down: Karnataka HC

The Hon’ble High Court (HC) of Karnataka, issuing a writ of Mandamus in the case of All India Gaming Federation v State of Karnataka (WP 18703 of 2021), struck down the provisions of the Karnataka Police (Amendment) Bill, 2021(“Amendment”) which prohibited and criminalised online games of skill with stakes, as unconstitutional. li s..

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Challenges To The Constitutionality Of PMLA

KEY TAKEAWAYS PMLA which came into force in 2005 was enacted to prevent money laundering and to provide for confiscation of property derived from money laundering. The provisions of PMLA were challenged on the grounds of their vagueness and ambiguity, however there were good rea..

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Termination Of Services Merely On The Basis Of An FIR Without Inquiry Is Stigmatic; Liable To Be Set Aside: Gujarat HC

In the case of Minakshiben Laxmanbhai Paralia vs. State of Gujarat, the Hon’ble HC has held that an order of termination of employment while referring to an FIR, without departmental inquiry is bound to be stigmatic. In the instant case, the petitioner was an employee at the Gujarat Livelihood Promotion Company L..

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Merger Of Trial Court’s Decree With The Order Of The HC: Application For Correction Can Only Be Maintained In The HC: SC

The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correction in the decree can only be maintained in the HC where the decree was confirmed. The issue for consideration in the instant SL..

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Top News Headlines 14th Feb 2022: Merger Of Trial Court’s Decree With The Order Of The HC

Merger Of Trial Court’s Decree With The Order Of The HC: Application For Correction Can Only Be Maintained In The HC: SC The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correct..

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Conjectures Cannot Be Allowed To Take Place of Proof; Judges To Tread Cautiously In Circumstantial Evidence: Telangana HC

The Hon’ble Telangana HC has, in the case of Janapally Anjilaiah vs. The State of AP has held that conviction cannot be based solely on circumstantial evidence, unless the chain of evidence leaves no other conclusion except the accused’s guilt. In the instant case, Ananthaiah had lodged a complaint in 2008 ..

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Insurance Claims Cannot Be Repudiated For Delay In Intimation About Theft If FIR Was Registered Immediately: Supreme Court

Setting aside an order of the National Consumer Disputes Redressal Commission (NCRDC), the Hon’ble Supreme Court (SC), in Jaina Construction Company v The Oriental Insurance Company Limited &Anr has held that insurance claims cannot be denied merely on the basis that there was a delay in intimation of the same to the Insurance Company. li s..

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Top News Headlines 12th Feb 2022: Conjectures Cannot Be Allowed To Take Place of Proof

Conjectures Cannot Be Allowed To Take Place of Proof; Judges To Tread Cautiously In Circumstantial Evidence: Telangana HC The Hon’ble Telangana HC has, in the case of Janapally Anjilaiah vs. The State of AP has held that conviction cannot be based solely on circumstantial evidence, unless the chain of evidence l..

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Insurance Claims Cannot Be Repudiated For Delay In Intimation About Theft If FIR Was Registered Immediately: Supreme Court

Setting aside an order of the National Consumer Disputes Redressal Commission (NCRDC), the Hon’ble Supreme Court (SC), in Jaina Construction Company v The Oriental Insurance Company Limited &Anr has held that insurance claims cannot be denied merely on the basis that there was a delay in intimation of the same to the Insurance Company. li s..

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Casting Doubt On Every Visitor And Subjecting Them To A CCTV Surveillance Is Irrational And Infringes The Right To Privacy Of People: Madras HC

Rejecting a request by the police to install CCTV cameras inside two clubs and recreation centres to check gambling and other illegal activities, the Hon’ble High Court of Madras, in the case of MM Nagar Sports & Recreation Centre and Anr v The Superintendent of Police, Kancheepuram District, observed that such installation would be in violation of..

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Appellate Courts Must Exercise Caution Before Reversing Acquittal Orders Passed By The Trial Courts: Bombay HC

The Hon’ble High Court of Bombay, in the case of State Of Maharshtra v Gulab Dattu Patil &Ors, held that an appellate court’s inclination to re-evaluate and re-eppreciate evidence on record for the purpose of taking an alternate view is not justified when the Trial Court’s view is also possible and not unreasonable. It observed that a c..

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Top News Headlines 11th Feb 2022: Filmmakers Cannot Be Dictated To Use Only Decent Language In Films

Filmmakers Cannot Be Dictated To Use Only Decent Language In Films, The Artistic Discretion Is Only Limited By Article 19(2): Kerala HC The Hon’ble Kerala HC has, in Peggy Fen vs. Central Board Of Film Certification and ors. has held that filmmakers have a certain artistic discretion which can only be limited by..

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Filmmakers Cannot Be Dictated To Use Only Decent Language In Films, The Artistic Discretion Is Only Limited By Article 19(2): Kerala HC

The Hon’ble Kerala HC has, in Peggy Fen vs. Central Board Of Film Certification and ors. has held that filmmakers have a certain artistic discretion which can only be limited by Article 19(2) of the Constitution. Thus, they cannot be barred from using foul language in a movie unless it stands in violation of the reasonable restrictions enshrined in the..

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An Overview Of The Fair Use Exemption Under The Copyright Law, 1957

KEY TAKEAWAYS Copyright is an exclusive right granted to the owner over their creative works like literary, artistic, musical works, computer programs, sound recordings, films, etc. An idea cannot be protected under copyright because people can have the same ideas; it is only the impleme..

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Avoid Religious Clothing Until An Interim Order Is Passed: Karnataka HC Amidst Hijab Row

Adjourning the next hearing on 14 February, a three judge Bench comprising of Hon’ble Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi, remarked that while an interim order will be passed for the resumption of educational institutes. In the meanwhile, all stakeholders and students must exercise restraint on wearing any religious..

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