Use of Modified Trademark 'MAHINDRA ZEO' Does Not Infringe Plaintiff’s 'EZIO': Delhi High Court High Court Quashes Proceedings for Two Accused in Unauthorized Construction Case, Criticizes Arbitrary Implication Commissioner Duty Bound to Decide Appeal on Merits: High Court Clarifies Application of Kar Vivad Samadhan Scheme Dismissal of Petitions Seeking Quashing of Proceedings in Fraudulent Land Transactions Involving Government-Vested Land: Calcutta High Court Quashing FIR in Dowry Harassment Case Not Justified Without Thorough Investigation," Rules Kerala High Court Deletion of Name from Revenue Records Without Notice Violates Principles of Natural Justice: Andhra Pradesh High Court Delay in Seeking Compassionate Appointment Defeats Purpose of Scheme: Orissa High Court Overturns Single Judge Order Karnataka High Court Sets Aside Temporary Injunction in LLP Fraud Case: No Prima Facie Evidence of Fraud Established Kerala High Court Upholds Departmental Proceedings Against Police Officer on Deputation for Immigration Duty Judicial Review Under Article 226 Is Not an Appeal Over Disciplinary Findings: Punjab and Haryana High Court Lack of Medical and Scientific Evidence Prevents Conviction in Sodomy Case: Himachal Pradesh High Court Acquits Accused Under POCSO Act Overwriting and Minor Discrepancies Do Not Vitiate Valid Execution of Will: Calcutta High Court Full Back Wages Awarded to Dismissed Co-operative Bank Employee for Suspension Period: Kerala High Court Character Assassination by Husband Justifies Wife's Refusal to Co-Habit: Orissa High Court Upholds Maintenance Award to Wife Defendants Forfeited Tenancy by Denouncing Plaintiffs' Title: Punjab and Haryana High Court Rules in Land Dispute Procedural Rules Must Facilitate Justice, Not Obstruct It, Says Court While Allowing Applications for Additional Documents in a Commercial Suit: Andhra Pradesh High Court Punjab and Haryana High Court Dismisses Appeals Over Disputed Sale Deeds, Affirms Need for Concrete Evidence of Minor Status

"CRIMINAL LAW" Digest

Criminal Procedure – Quashing of Proceedings – Compromise – Petition filed for quashing of DDR under Sections 323, 324, 148, 149 IPC in FIR under Sections 323, 324, 325, 148, 149 IPC, and the order declaring the petitioner a proclaimed offender. Statements of parties recorded before SDJM, confirming the compromise was voluntary. The petitioner appeared before the trial court and ...

Criminal Law – Anticipatory Bail – Serious Allegations – Petition for anticipatory bail under Section 438 of Cr.P.C. in a case involving serious allegations under multiple sections of IPC, SC/ST Act, and IT Act. Allegations included rape, wrongful confinement, criminal intimidation, and recording and storing objectionable material. Held - given the gravity of the charges and the ...

NDPS Act – Default Bail – Incomplete Challan – Petitioner sought default bail under Section 167(2) CrPC as the challan was presented without the report of the chemical examiner – Division Bench in Ajit Singh alias Jeeta held that such a challan is incomplete, entitling the accused to default bail – However, two Single Benches declared this judgment per incuriam &ndash...

Criminal Procedure – Second Bail Petition – No New Developments – Petitioner filed second bail petition under Section 439 CrPC after withdrawing the first petition – No new developments or changes in circumstances since the first petition – Second petition deemed a review of the earlier judgment, not permissible in criminal law – Bail denied [Paras 1-11]. &nb...

Hindu Widow’s Remarriage Act, 1856 – Section 2 – Effect on Inheritance Rights – Widow remarries, loses rights in deceased husband's property – Plaintiff claimed possession through father's relationship with remarried widow – Court held remarriage divested widow of rights, plaintiff failed to prove independent title and possession – Real successors ...

Anticipatory Bail – Denial – Sexual Offences against Minor – Petition for anticipatory bail in a case involving a 16-year-old victim who alleged multiple instances of sexual assault, forced intoxication, blackmail, and threats by the petitioner and co-accused – Victim’s statement under Section 164 CrPC corroborated the allegations – Held, anticipatory bail denie...

Proclaimed Offender – Quashing of Order – Improper Service – Petitioner declared proclaimed offender and FIR registered under Section 174-A IPC due to non-appearance in a cheque dishonor case under Section 138 NI Act – Held, the correct address of the petitioner was not furnished by the complainant, resulting in non-service of summons – Mandatory 30-day period for app...

Criminal Law – Default Bail – Appellants challenged the rejection of their applications for default bail under Section 167(2) Cr.P.C. – Contention that the Additional Sessions Judge lacked jurisdiction to grant extension for filing charge-sheet – High Court dismissed appeals, holding that the Order dated 2nd September 2018, which extended time for filing charge-sheet, was u...

Bail – Chit Funds Scheme – Financial Fraud – Petitioner, a director and promoter of M/s HDPL, involved in unauthorized chit fund scheme, collected substantial money from the public with false assurances – Petitioner’s role direct and active in the scheme – Large sums collected not yet recovered – Petitioner declared Proclaimed Offender in related cases &nd...

Criminal Law – Corruption – Conviction and Sentencing – Appellant, a clerk, convicted for accepting a bribe of Rs. 2000 to expedite the processing of a telephone PCO booth application – Trial court’s judgment affirmed with modification in sentencing – Sentences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 upheld – Sente...