Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Mere Entry, Abuse Or Assault Is Not Civil Contempt – Willfulness And Dispossession Must Be Clearly Proved: Bombay High Court Magistrate Cannot Shut Eyes To Final Report After Cognizance – Supplementary Report Must Be Judicially Considered Before Framing Charges: Allahabad High Court Examination-in-Chief Alone Cannot Sustain Conviction Amid Serious Doubts: Delhi High Court Upholds Acquittal in Grievous Hurt Case Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Cannot Reclaim Absolute Ownership After Letting Your Declaration Suit Fail: AP High Court Enforces Finality in Partition Appeal Death Due to Fat Embolism and Delayed Treatment Is Not Culpable Homicide: Orissa High Court Converts 30-Year-Old 304 Part-I Conviction to Grievous Hurt Fabricated Lease Cannot Be Sanctified by Consolidation Entry: Orissa High Court Dismisses 36-Year-Old Second Appeal Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Sentence Cannot Be Reduced to Two Months for Four Life-Threatening Stab Wounds: Supreme Court Restores 3-Year RI in Attempt to Murder Case Suspicion, However Grave, Cannot Substitute Proof: Apex Court Reaffirms Limits of Section 106 IEA Accused at the Time of the Statement Was Not in the Custody of the Police - Discovery Statement Held Inadmissible Under Section 27: Supreme Court Failure to Explain What Happened After ‘Last Seen Together’ Becomes an Additional Link: Supreme Court Strengthens Section 106 Evidence Act Doctrine Suicide in a Pact Is Conditional Upon Mutual Participation — Survivor’s Resolve Reinforces the Act: Supreme Court Affirms Conviction Under Section 306 IPC Participation in Draw Does Not Cure Illegality: Supreme Court Rejects Estoppel in Arbitrary Flat Allotment Case Nepotism and Self-Aggrandizement Are Anathema to a Democratic System: Supreme Court Quashes Allotment of Super Deluxe Flats by Government Employees’ Welfare Society Liberty Is Not Absolute When It Becomes a Threat to Society: Supreme Court Cancels Bail of Alleged ₹6.5 Crore Fraud Mastermind Magistrate’s Power Is Limited — Sessions Court May Yet Try the Case: Supreme Court Corrects High Court’s Misconception in ₹6.5 Crore Fraud Bail Order Dacoity Cannot Be Presumed, It Must Be Proved: Allahabad High Court Acquits Villagers After 43 Years, Citing ‘Glaring Lapses’ in Prosecution Case When the Judge Signs with the Prosecutor, Justice Is Already Compromised: MP High Court Quashes Tainted Medical College Enquiry Strict Rules Of Evidence Do Not Apply To Proceedings Before The Family Court: Kerala High Court Upholds Wife’s Claim For Gold And Money Commission Workers Cannot Claim Status of Civil Servants: Gujarat High Court Declines Regularization of Physically Challenged Case-Paper Operators Non-Wearing of Helmet Had a Direct Nexus with Fatal Head Injuries  : Madras High Court Upholds 25% Contributory Negligence for Helmet Violation Only a ‘Person Aggrieved’ Can Prosecute Defamation – Political Party Must Be Properly Represented: Karnataka High Court Quashes Case Against Rahul Gandhi

(1) AMANT KUMAR AND ORS ..... Petitioners Vs. THE COMMISSIONER OF POLICE AND ORS. ..... Respondents D.D 07/11/2023

Recruitment Examination – Non-conduct of scheduled recruitment exams for Constable (Executive) in Delhi Police during 2021 and 2022 – Petitioners, having become over-aged due to delay, seek interim relief to appear in the examination – Tribunal dismissed the interim relief – Petitioners' appeal for age relaxation and permission to participate in the examination. [Para 1...

DELHI # W.P.(C) 14022/2023 Docid 2023 LEJ Civil Del 15

(2) PATANJALI AYURVED LTD ..... Appellant Vs. META PLATFORMS INC & ORS. ..... Respondents D.D 07/11/2023

Trademark Infringement – Unauthorized use of ‘PATANJALI’ trademark in an advertisement for men’s undergarments – Allegations of the video being defamatory and disparaging to the brand ambassadors – Claim of revenue generation by the respondents from the video. [Para 3-5]   Jurisdiction – Dispute characterized as a commercial matter by the Trial ...

DELHI # FAO 280/2023, CM APPL. 56965/2023 Docid 2023 LEJ Civil Del 20

(3) VIJAY KUMAR AGARWAL ..... Petitioner Vs. PARVEEN SINGH AND ORS .....Respondents D.D 07/11/2023

Contempt of Court – Initiation of contempt proceedings against respondents for willful disobedience of court's order – Petitioner alleges non-compliance with judicial precedents on primacy of perjury applications – Respondent No. 1's order in civil suit challenged for non-adherence to precedents – Contempt petition dismissed, liberty granted to petitioner to seek le...

DELHI # CONT.CAS(C) 1163/2023 & CM APPL. Nos. 42695-42696/2023 Docid 2023 LEJ Civil Del 35

(4) KARAMVEER ……………… Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent D.D 07/11/2023

Regular Bail – Denial of Regular Bail – Petitioner's repeated absconding and non-cooperation in the investigation – Petitioner declared a proclaimed offender twice – Bail application dismissed due to potential obstruction of a fair trial and risk of absconding. [Para 10-14] Criminal Procedure – Fair Trial and Bail Considerations – Importance of ensuring a...

HIMACHAL PRADESH # Cr. MPM No. 2549 of 2023 Docid 2023 LEJ Crim HP 83

(5) xxx........APPELLANT/PETITIONER Vs. STATE OF KERALA...............RESPONDENTS/RESPONDENT D.D 07/11/2023

Eligibility for District Judge Appointment – Practising Advocate Requirement: Challenge to interim order precluding appellant, a Munsiff-Magistrate trainee, from participating in viva-voce for District and Sessions Judge appointment. Legal scrutiny of whether such training status affects eligibility as a practising advocate. [Paras 1, 4, 5, 6] Judicial Service vs Advocate Practice –...

KERALA # WA NO.1808 OF 2023 Docid 2023 LEJ Civil Kerl 12

(6) P.K. UTHUPPU ….. REVISION PETITIONER/APPELLANT/ACCUSED Vs. 1. N.J. VARGHESE, 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. …RESPONDENTS/RESPONDENTS/COMPLAINANT D.D 07/11/2023

Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction upheld by the appellate court for dishonour of cheque issued by revision petitioner – Substantive sentence modified to imprisonment till rising of court and fine of Rs. 4 lakh. [Paras 1, 5, 7]   Borrowed Money – Claim of Rs. 4 lakh loan by respondent substantiated with bank statements a...

KERALA # CRL.REV.PET NO. 1374 OF 2010 CRA 213/2009 OF ADDITIONAL SESSIONS COURT (ADHOC-I), ERNAKULAM CC 717/2006 OF JUDL. MAGISTRATE Docid 2023 LEJ Crim kerl 54

(7) 1. SMT. DEEPA AND ANR. 2. ROHIL THROUGH LR'S SMT. DEEPA .....APPLICANTS Vs. HARISH RAILWANI .....RESPONDENTS D.D 07/11/2023

Maintenance – Grant of Maintenance under Section 125 of CrPC – Application filed by wife, Smt. Deepa, and minor son, Rohit, for maintenance against husband, Harish – Trial court allowed application, granting monthly maintenance of Rs. 3,000/- to wife and Rs. 4,000/- to son from July 2010 – High Court upheld trial court's decision, dismissing revisions filed by both part...

MADHYA PRADESH # CRIMINAL REVISION No. 1165 of 2010 Docid 2023 LEJ Crim MP 14

(8) Preeti Bansal ………….. Petitioner Vs. State of Punjab .....Respondent D.D 07/11/2023

Anticipatory Bail in Case of Child Custody Dispute - Petitioner granted anticipatory bail in FIR No.64 dated 08.08.2023 under Section 384 IPC for allegedly abducting her children and demanding money. The Court, considering the circumstances and without commenting on the merits of the case, directed the petitioner's release on bail if arrested, subject to bail bonds and compliance with Section ...

PUNJAB AND HARYANA # CRM-M-48362 of 2023 Docid 2023 LEJ Crim PH 10

(9) Sanjeev Kumar ... ... Appellant/s Vs. The State Of Bihar ... ... Respondent/s D.D 07/11/2023

Criminal Appeal – Conviction under POCSO Act and IPC – Appeal against life imprisonment and fine imposed by the trial court for offenses under Section 376 IPC and Section 6 of the POCSO Act. Appellant convicted for sexually assaulting his daughter. [Paras 2-5]   Evidence and Witness Credibility – Reliability of victim's testimony and corroborating evidence – ...

PATNA # CRIMINAL APPEAL (DB) No.726 of 2018 Docid 2023 LEJ Crim Patna 40