Fortnightly Newsletter- June 16, 2018

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June 18, 2018

SUPREME COURT JUDGMENTS

Maintenance u/S 24 of HMA Supersedes Maintenance u/S 125 of CrPC

Case name: Sanjay Kumar Sinha vs Asha Kumari

In this recent case, the Supreme Court while disposing of the appeal held that in a case where two maintenance orders are passed i.e. one under Section 24 of Hindu Marriage Act and the other under Section 125 of CrPC, then maintenance order under Section 24 of HMA supersedes the maintenance order passed under Section 125 of CrPC.

Read more here.

Right of divorced wife for grant of Maintenance

Can a Husband Claim Maintenance from Wife?

Landmark Judgments of 2017 on Maintenance

CLAT 2018: SC Issues Directions to Compensate through Normalization Formula

Case name: Disha Panchal and ors. v. Union of India

The Two-Judge Bench of the Supreme Court delivered their judgment in batch of petitions instituted with the Court pertaining to conduct of CLAT 2018 examination on May 13, 2018.

On excogitating the Report submitted by the Committee and the grievances of the Petitioner, the Supreme Court in the case has suggested normalization formula. The Apex Court stated that According to us, the normalization formula so suggested, in the circumstances, would be the best possible way to compensate and take care of the interest of those 4690 candidates.

Read more here.

CLAT 2018: Grievance Redressal Committee Suggests Compensation with Marks

Lesson Learnt from CLAT 2018!!!

SC on When Appellate Court can Interfere with the Finding of Trial Court

Case name: Jayaswamy v. State of Karnataka

In this recent case, the Supreme Court has re-affirmed the established principle of law that that the Appellate Court hearing the appeal filed against the judgment and order of acquittal will not overrule or otherwise disturb the Trial Court’s acquittal if the Appellate Court does not find substantial and compelling reasons for doing so.

Read more here.

SC: Government can make Reservation in Promotions as per Law

In a case (The State of Maharashtra v. Vijay Ghogre & ors.),  the Supreme Court has directed that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter.

Read more here.

Important Judgments on Reservation in India

HIGH COURT JUDGMENTS

Uttarakhand HC: Every Senor Citizen has Right to Live with Dignity

Case name: Senior Citizen Welfare Organization & another v. State of Uttarakhand & Anr.

In a recent case, the High Court of Uttarakhand while recognizing the failure of State to maintain adequate old age homes for the senior citizens in the State has issued a slew of mandatory directions.

The High Court in the case observed that every senior citizen has a fundamental right to live with dignity. It is the duty cast upon the State Government to protect the life, liberty and property including dignity and decency of senior citizens. They cannot be permitted to be left unattended in the twilight of their lives. Ours is a welfare and socialist state and it is expected that every senior citizen should live in a dignified manner with the assistance to be provided by the State Government.

Read more here.

Bombay HC Accepts Service of Notice through WhatsApp

It has been recently reported that the High Court of Bombay in a case has accepted service of notice through WhatsApp. While accepting the service of notice Justice GS Patel remarked that not only the WhatsApp message but also the attached document in PDF format was opened by the recipient, hence the same was deemed to be duly received.

Read more here.

Court Allows Service of Summon by WhatsApp, Text Message

Delhi Court says Double Tick on WhatsApp Shows Service of Summons

Court Allows Compassionate Appointment to Sister in Exceptional Case

Case name:  Rekha Nanakchand v. Union of India

Considering the facts and circumstances of the case to be an exceptional one, the Punjab High Court allowed compassionate appointment to sister of the employee namely Kuldip Yadav who has been languishing in Jail in Pakistan.

The Respondent in the case had refused the Petitioner’s plea for compassionate appointment on the ground that that as per the consolidated instructions, compassionate appointment is required to be made only in the event of Government servant dying in harness or who has retired on medical grounds leaving the family without pecuniary support.

Read more here.

Minor has No Right to Compassionate Appointment at Time of Father’s Death in Harness

10 Important Judgments on Service Law in India

Court Allows Divorce Petition in Absence of Rebuttal Evidence by Husband

Case name: Yogita v. Sandeep Kumar

In this recent case, the High Court of Punjab & Haryana allowed the divorce petition of wife in view of the fact that the husband had not rebutted or produced any evidence to rebut the allegations of cruelty established by wife.

Read more here.

Kerala HC Recognizes Right of Transgenders to Live with Dignity

In this remarkable case, which recognizes an individual’s right to live including a transgender, the Division Bench has passed a noteworthy judgment by holding that a transgender has the liberty to be associated with like-minded people and cannot be compelled to be at his parental home.

Read more here.

P&H HC: A Person can be Landlord even without Ownership Rights

Case name: Ashok Kumar vs Piara Singh

In this case, the High Court of Punjab & Haryana has held that even if there is no formal sale-deed in favour of the landlord, still it is well settled that a person can be a landlord even without having ownership rights.

Read more here.

No Charge u/S 138 of NI Act if there is no Evidence against Accused

Case name: Arul Mari Joseph v. Edward Raj

In a recent case, the High Court of Madras exonerated the accused of charges under Section 138 of Negotiable Instruments Act for want of evidence.

Read more here.

Notice of Dishonor of Cheque: Law and Important Judgments

Landmark Supreme Court Judgment on Sec 138 of Negotiable Instruments Act

SC on Scheme of Prosecution and Essential Ingredients of Section 138 of NI Act

P&H HC: Forced, Unnatural Sex is Certainly a Ground to Seek Divorce

In a recent case, the High Court of Punjab & Haryana has made a remarkable judgment by holding that act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon the other spouse and result for unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation or decree of divorce.

Read more here.

Gujarat HC: Marital Rape ought to be a Crime and not a Concept

Landmark Matrimonial and Divorce Judgments in 2017

Magistrate to Record Satisfaction of Service of Summons while Issuing Warrant

Case name: Smt. Usha Jain and anr. v. State of U.P. & anr.

In this recent case, the High Court of Allahabad while hearing a petition under Section 482 of CrPC has ruled that recording of satisfaction of Magistrate for service of summons is a condition precedent while issuing bailable or non-bailable warrant.

Read more here.

Bombay HC: Police can only Seize Passport, Not Impound it

Case name: Jignesh Prakash Shah v. CBI & Ors.

In a recent case, the High Court of Bombay has ruled that the Police under Section 102 of CrPC only has the power of seizure of passport. In the case, the CBI retained the Appellant’s passport for almost three years. The High Court remarked that withholding of passport for such a long time was similar to impounding of passport and hence illegal.

 

Read more here.

Abetment of Suicide: Mere Name of Person in Suicide Note doesn’t establish the Offence

Case name: A.R. Madhav Rao and others v. State of Haryana & ors.

In this case, the High Court of Punjab & Haryana observed that merely because a person has been so named in the suicide note one cannot immediately jump to the conclusion that he is an offender under Section 306 I.P.C.

Read more here.

Court Says Litigant should not Suffer due to the Conduct of Counsel

Case name: Swapan Gope v. ONGC Ltd.

In the case, the High Court of Tripura took a strong note of Appellant’s Counsel ignorant conduct in the case, whereby inspite of adjournments the Counsel did not file claim statement for compensation and consequently the land looser i.e. Appellant did not receive compensation from the Land Acquisition Judge in the case.

Read more here.

Minor has No Right to Compassionate Appointment at Time of Father’s Death in Harness

Case name: Kamal Adhikari v. State of West Bengal & Ors.

The case at hand deals with petition for compassionate appointment and the Petitioner herein has appealed before the High Court of Calcutta against order of West Bengal Administrative Tribunal, whereby the Tribunal had rejected after considering the admitted fact of inordinate delay in submitting the application.

Read more here.

Criminal Law: Death of Main Accused doesn’t Abate Trial

In this recent case, the High Court of Bombay has settled the legal proposition that the death of the main accused does not absolve charges or abates trial against other allied accused in the case.

Read more here.

Payment for Use of Trademark is Revenue Expenditure, not Deductible u/Income Tax

Case name: M/S Hilton Roulunds Ltd.v. Commissioner of Income Tax

In this recent case decided by Division Bench of Delhi High Court, the Court held that payment for exclusive use of a trademark under license agreement is a revenue expenditure and cannot be claimed as deduction under the Income Tax Act.

Read more here.

Trademark Law in India: In a Nutshell

Well-Known Trademarks in India: Law and Legalities

Rights of Prior User of Trademark Prevails over Registered Proprietor

Witness Turning Hostile can’t be the only Reason to Acquit the Accused

Case name: Vishal v. State

In this recent case, the Delhi High Court while relying on Supreme Court’s judgment in the case of Ramesh and Ors v. State of Haryana to hold that in criminal cases, witness turning hostile has become a common phenomenon and that by itself should not be a reason to let the accused goes scot free, if there are other evidences to support the charges against the accused.

Read more here.

Court says can’t Interfere with Unfettered Right of Major to have Live-in-Relationship

Case name: Muhammed Riyad v. The State Police Chief, Trivandrum

In this recent case, the Kerala HC has ruled that no one can interfere with right of major to have a live-in-relationship eventhough the same is not acceptable by the society.

Read more here.

SC Says on Attaining Majority Individual is Entitled to Freedom of Choice

SC on Marriage between Adults who haven’t Attained Marriageable Age

Court Imposes Punishment of 15 yrs Rigorous Imprisonment for Sodomizing Minor Boy

Case name: Jabbar v. State

In a remarkable case, the Delhi High Court to combat recidivism by the Appellant who was guilty of committing sodomy on a 6 year old boy punished the accused appellant for a period of 15 years of rigorous imprisonment.

Read more here.