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 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...

Civil Procedure - Pleadings - Order 6 Rule 2 CPC - Pleadings must contain concise statements of material facts - Evidence is not required to be pleaded - Held that written statements must state material facts, not evidence - Evidence beyond pleadings deemed inadmissible - Defendant's claim that land was purchased by the deceased during his lifetime based on hard work and business of purchasing...

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 - Cause of Death - Hanging vs. Strangulation - Forensic evidence and medical jurisprudence distinguish hanging from strangulation - Strangulation characterized by horizontal ligature marks, injuries to neck muscles, and ruptured carotid arteries - Post-mortem showed injuries consistent with strangulation, not hanging - Appellant's claim of suicide rejected - Conviction upheld. [Pa...

Information Technology Act, 2000 - Exemption from Liability - Intermediary Role - Held, Facebook India Ltd. is an intermediary and does not control or operate servers hosting content. No allegations of conspiracy or inducement against it. Exempt from liability under Section 79 of the IT Act. Not a necessary party to the suit.   Copyright Act, 1957 - Section 52(1)(c) Compliance - Pre-sui...

Criminal Law - Abetment of Suicide - Conviction under Section 306 IPC - Requirement of Positive Evidence - Indian Penal Code, 1860 - The appellant, convicted for abetment of suicide based on allegations of harassment in a suicide note, was acquitted. The court held that there must be cogent evidence proving that the appellant had any direct role in abetting the deceased to commit suicide. Mere all...

Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...

Criminal Law - Medical Negligence - Quashing of Criminal Complaint and Summoning Order –Criminal Appeal against summoning order for offense under Section 304-A IPC – Allegation of medical negligence against appellant in the treatment of respondent's wife – Contention that summoning order was passed without obtaining necessary medical opinion from a government doctor as mandat...