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

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...

Transfer Application – Matrimonial Case – Application under Section 24 CPC for transfer of case filed under Section 9 of the Hindu Marriage Act – Consideration of petitioner-wife’s socio-economic hardships and convenience for transfer of case from Bhiwani to Jind. [Para 1-2, 7-9] Judicial Principles – Transfer Petitions in Matrimonial Disputes – Reference to ...

Eviction Petition - Concealment of Vital Facts - Jurisdiction under Article 227 of the Constitution of India - The present revision petition challenges the order dated 04.08.2022 passed by the Civil Judge (Junior Division), Ferozepur, dismissing the objections filed by the petitioner and issuing warrants of possession in favor of the respondent-decree holder. [Para 1]   Importance of Fu...

Trade Mark Infringement – Permanent Injunction – Well-known Mark Declaration – Suit against Unauthorized Use of Trademark 'HALDIRAM' and 'HALDIRAM BHUJIAWALA' – Plaintiffs, Haldiram India Pvt. Ltd., seek permanent injunction against Defendants for infringing upon their registered trademarks and for passing off their products as those of Plaintiffs – Pl...

Constitution of India – Articles 14, 15, 16, 19, 31, 35(a) – Equality and Non-Discrimination – Right to Freedom of Profession – The Haryana State Employment of Local Candidates Act, 2020 mandating 75% job reservation for local candidates in private sector is unconstitutional. The Act violates fundamental rights under Articles 14, 16, and 19, fostering discrimination based o...

Friendly Loan - Nature of Transaction - Loan Agreement - Defendant approached plaintiff for a personal loan of Rs. 10 Crores for a hotel project - Plaintiff agreed to provide Rs. 5 Crores as per Loan Agreement - Defendant requested additional loan of Rs. 2.5 Crores through email - Plaintiff provided the additional loan - Defendant claimed it was not a loan but an investment - Plaintiff's claim...

Civil Suit - Application under Order 1 Rule 10 CPC - Challenge to the order allowing the application during the pendency of a suit - Relationship between parties not disputed - Petitioner is the son of respondent No.1, and respondent No.2 is the grandson of respondent No.1 - Compromise had taken place between the parties in the earlier suit, transferring the suit property to the petitioner and his...