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

Negotiable Instruments Act – Interpretation of Sections 138 and 143-A – Supreme Court affirms Bombay High Court’s interpretation that the term “drawer” in Section 143-A of the NI Act refers solely to the issuer of the cheque and does not include authorized signatories of the company. The Court held that the primary liability under Section 143-A is on the drawer, which...

Criminal Law – Dowry Death – Appeal against conviction under Sections 304-B, 201 IPC – Prosecution based on complaint by father of deceased (Bhateri) alleging dowry demand by husband and in-laws – Deceased died within seven years of marriage – Evidence showed continuous harassment for dowry by husband, leading to unnatural death – Appellants (mother-in-law and f...

Criminal Law – Conviction and Sentencing – Appeal against conviction under Sections 323, 324, 325, 326, 307 read with Section 34 IPC – Incident involved mutual injuries between complainant and accused parties – Injured Baldev Singh hospitalized for 23 days, injuries declared grievous – High Court upholds conviction based on evidence of participation by both parties in...

Criminal Law – Quashing of FIR – Petition to quash FIR and subsequent proceedings under Sections 376, 120-B IPC, and Section 3 of SC/ST Act – Complainant alleged sexual exploitation and caste-based humiliation by accused Vishal Sharma – Petitioners (accused's family) allegedly involved in caste-based remarks – No evidence that petitioners had any role in initial e...

Search and Seizure – Compliance with Legal Provisions – The appellants contended non-compliance with Sections 42 and 100(4) Cr.P.C. – Court held that since the search was conducted at 7:30 AM, during sunrise, there was no requirement for a warrant or recording the grounds of belief – Proper procedure under Section 42 of the NDPS Act was followed – Conviction upheld [P...

Criminal Procedure – Quashing of Proceedings – Petitions to quash Calendra under Section 145 Cr.P.C. regarding land ownership dispute – Deceased Colonel Gurdev Singh's property claimed by petitioner (his second wife) and respondent No. 5 (his daughter) – Civil suit for declaration of ownership already pending – Ad interim injunction granted to maintain status quo ...

Parole – Temporary Release – Grounds for Parole – Petition challenging rejection of parole for solemnizing marriage of petitioner's daughters – Petitioner already availed four weeks parole for house repair – High Court holds that parole under Section 3(1)(b) and 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 are independent and not con...

Criminal Law – Dowry Death – Appeal against conviction under Section 304-B IPC – Complainant alleged that appellants (husband and his brothers) killed his daughter for dowry – Witness who informed complainant turned hostile – Trial court convicted all appellants for dowry death – High Court finds no evidence of dowry demand soon before death – Bald stateme...

Negotiable Instruments Act – Vicarious Liability – Quashing of Complaint – Petitioner, a Director of M/s. Santur City (P.) Ltd., signed cheques drawn in the name of the company – Complainant filed a complaint for dishonour of cheques under Section 138 of the Act against the petitioner without impleading the company as a party – Held, cheques issued by the company and ...

Criminal Law – Possession of Fake Currency – Knowledge Presumed – Respondent was acquitted by the trial court despite being found with 399 fake currency notes of ₹500 denomination – State appealed against acquittal – Held, knowledge that notes were fake presumed under Section 106 of the Indian Evidence Act – Recovery of significant number of high denomination ...