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

Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C. – Petitioner declared proclaimed offender for theft – Notice of proclamation issued but not published as per statutory requirement – Period between proclamation and hearing less than prescribed 30 days – Court found procedural lapses in compliance with Section 82 – Proclamation order quashed ...

Judicial Discipline – Repeated Petitions – Abuse of Process – Petitioner repeatedly filed petitions under Section 340 Cr.P.C. seeking similar relief – Court dismissed previous petitions on the same grounds – Petitions considered as 'bench hunting' and abuse of process – Courts bound by doctrine of judicial discipline, findings of higher courts or coordin...

Proclaimed Offender – Procedural Irregularities – Petitioner challenged the order declaring him as a proclaimed offender – Affixation of proclamation was carried out before it was entrusted to the serving officer – Issuance of proclamation did not meet the mandated 30-day period under Section 82 of Cr.P.C. – Held, procedural lapses in issuance and affixation of procla...

Railways - Untoward Accident - Bona Fide Passenger - Sections 123(c)(2) and 124A of Railways Act, 1989 - Valid ticket found on deceased establishes prima facie that the person was boarding the train - Held that the deceased fell from the train due to an accident and lost his life - Respondent-Railways failed to provide cogent evidence to rebut this - Tribunal's reliance on an unproduced witnes...

Criminal Law – Murder – Circumstantial Evidence – Lack of Motive – Appellants convicted for murder based on circumstantial evidence and extra judicial confession – Prosecution failed to prove animosity between accused and deceased – No motive established – Motive plays crucial role in circumstantial evidence cases – Conviction based on weak motive un...

Criminal Law - Abetment of Suicide - Sections 107 and 306 IPC - Essential ingredients for abetment under Section 306 IPC include provocation, incitement, or inducement to commit suicide - Accused must have intended their acts to drive the deceased to commit suicide - Delay in lodging FIR casts doubt on prosecution's version - No evidence of active role or mens rea on part of appellants to inst...

Criminal Law - Probation - Sections 360, 361 of Cr.P.C. - Sections 3, 12 of Probation of Offenders Act - Purpose of criminal law to reform individuals and maintain societal harmony - Petitioner convicted for forgery to obtain a loan - Sentence of rigorous imprisonment for two years - Petitioner's appeal dismissed by Additional Sessions Judge - High Court holds the trial and appellate courts fa...

Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner&rsqu...

Criminal Law – Quashing of FIR and Charge-sheet – Criminal appeal against initiation of prosecution under TOHO based on second FIR – Challenge on grounds of constitutional violations and procedural lapses – TOHO being a special Act, its provisions take precedence over general laws – Supreme Court interpretation mandates that complaints under TOHO must be initiated by ...

Criminal Law – Murder – Conviction based on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his stepmother. Conviction primarily based on extra-judicial confession and evidence of last seen together. Supreme Court scrutinized the reliability of these evidences and found significant procedural lapses and inconsistencies, leading to the acquitt...