Exception 4 To Section 300 IPC Not Applicable Where Accused Takes Undue Advantage By Inflicting A Fatal Injury On An Unarmed Victim: Kerala High Court. Custodial Interrogation Isn't Automatic: Punjab & Haryana HC Criticizes ED Remand Process Patna High Court Acquits Accused in Abduction Case Due to Inconsistencies and Lack of Evidence Madhya Pradesh High Court Quashes Passport Authority's Demand for Court Permission in Minor’s Passport Renewal Dispute Serious Allegations Under POCSO Act Cannot Be Quashed Solely Based On Withdrawal Of Accusations By The Victim’s Parent: Kerala High Court No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans Disciplinary Upholds Action Against RPF Officer For Failing To Prevent Theft: Delhi High Court Eviction Under Senior Citizens Act Not Permissible Without a Maintenance Claim: Patna High Court Maintainability of Divorce Suits Under Muslim Personal Law: Madhya Pradesh High Court Recognizes Muslim Male's Right to Judicial Divorce Presumption Under Section 113A of the Evidence Act Cannot Arise Without Evidence of Cruelty: Supreme Court Judicial Review Under Article 32 Not a Substitute for Statutory Remedies: Supreme Court Prosecution Failed to Prove Ingredients of Kidnapping or Abduction with Illicit Intent: Supreme Court Excise Duty | Price Was Not the Sole Consideration for Sale, and Extended Limitation Was Unjustified: Supreme Court Disciplinary Proceedings Based on Hearsay and Malice Cannot Be Sustained: Supreme Court

"CIVIL" Digest

Civil Procedure Code, 1908 - Order VII Rule 11 - Suit for declaration of title and ownership of a property - Defendant contended that the suit was barred by the Benami Transactions (Prohibition) Act and the Limitation Act - Plaintiff alleged that the cause of action arose in September 2016 when they became aware of the alleged gift deed executed by defendant no.2 in favor of defendant no.1 - Defen...

Employment Law – Voluntary Resignation – Petitioner's resignation accepted by the bank – Claim of coercion and ill health in resignation – Discrepancy in documents presented by petitioner and respondent – Petitioner's claim dismissed on grounds of incorrect documentation and delay in approaching the court. [Paras 8-9, 10, 15] Medical Leave – Claim of ...

Setting aside ex parte composite award – Appellant filed appeals against the order dismissing applications under Order 9 Rule 13 CPC to set aside ex parte award – Appellant claimed summons were never served and proper address not given – Appellant learned of ex parte award later and filed applications – Court considers the sufficiency of cause to set aside the ex parte awar...

Civil Suit – Jurisdiction – Territorial jurisdiction of the court – Whether the Court at Patiala had territorial jurisdiction in a suit involving immovable property situated in Gurugram, Haryana – Provisions of Section 16 and Section 20 of the CPC considered – The suit property was situated in Gurugram, Haryana, and as per Section 16 CPC, suits in relation to immovabl...

LBan on Cross-Gender Massages in Spas/Massage Centers - Public Interest Petition - Direction sought to ban cross-gender massages in spas/massage centers and share recordings with Delhi Commission for Women - Alleged violation of guidelines issued by GNCTD - Petitioner contends that such massages lead to illegal prostitution - No response received to complaints/representations to authorities - Vali...

Civil Suit - Recovery of Stridhan Articles and Gifted Money - Evaluation of Evidence and Legal Claims - Appellants' Appeal against Decree - Examination of Inconsistencies and Corroboration - Interpretation of Order 2 Rule 2 of the Code - Distinction Between Civil and Criminal Cases - Analysis of Donor Statements - Differentiation of Precedents - Conclusion on Appeals and Cross-Objection - Sett...

Patent Refusal - Managing Instant Messaging Sessions - Refusal by Controller on grounds of lack of novelty, inventive step, and non-patentability under Section 3(k) - Key features: Concurrent Sign-on and Session Transfer, User Preference for Non-Mirroring, Selective Transfer and Visibility of Sessions, Ceasing Message Visibility Based on Preference [Paras 25-27, 44-45, 51-52].   Prior A...

Management of Religious Institution – Gurudwara Gurdarshan Parkash – Dispute over management rights of Dera Baba Jawahar Dass Ji – Management initially by Gram Panchayat, then handed over to Damdami Taksal and registered as a Charitable Trust – Challenge by defendants claiming prior rights and mismanagement by plaintiffs – Plaintiffs maintaining proper management and ...

Promotion and Seniority Issue - Challenge against HQ DG BSF order dated February 12, 2015, for non-restoration of seniority - Petitioner's ACRs for 2005-06 & 2007-08 initially marked below benchmark, leading to his non-inclusion in promotion list - ACRs later upgraded on representation - Petitioner contends supersession due to non-communication of below benchmark ACRs and seeks promotion w...

Civil Jurisdiction - Territorial Jurisdiction - Arbitration Agreement - Interpretation of seat of arbitration - Dispute over territorial jurisdiction - Whether the court has territorial jurisdiction to entertain the present petition - Examination of arbitration agreement's clauses - Determination of the "seat" of arbitration - Analysis of relevant precedents regarding seat of arbitra...