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Legal Updates: April 20, 2022

1.Immature Age & Understanding Misused By Older Co-Accused: Mumbai Court Grants Bail To Three In Bulli Bai App Case
A Metropolitan Court in Mumbai has granted bail to three of the six accused in the Bulli Bai App case observing they had lesser role to play as compared to the other three accused and that they were of immature age and understanding, which was misused by the other accused with "high age and deeper understanding.

2.Litigant Seeking Adjournments From Trial Court Can't Invoke High Court's Supervisory Jurisdiction U/Art 227 For Expeditious Proceedings
The Delhi High Court has observed that it is not permissible for a litigant to seek adjournments before a Trial Court and thereafter invoke the jurisdiction of the High Court under Article 227 of the Constitution seeking expeditious proceedings.


Legal Updates: April 19, 2022

1.President assents to Delhi Municipal Corporation Amendment Bill and Criminal Procedure (Identification) Bill
The President of India has given assent to the Delhi Municipal Corporation Amendment Bill, 2022 to merge the three municipal corporations in the national capital, and the Criminal Procedure (Identification) Bill, 2022 to enable investigating officers to collect the biometric details of prisoners.


2.Pakistan court sentences 6 individuals to death for lynching
A Pakistan anti-terrorism court (ATC) Monday sentenced six people to death and nine people to life in prison for the lynching of Priyantha Kumara, according to reports from local news outlets Kumara, a Sri Lankan citizen, was murdered by a crowd of over 800 men in Sialkot on December 3, 2021. According to the Human Rights Commission of Sri Lanka, the crowd beat Kumara “to death and burnt his dead body over allegations of blasphemy.” Anusuya Shanmuganathan, Human Rights Commissioner of Sri Lanka, asked authorities in Pakistan to “promptly” investigate and murder and perpetrators accountable.


Legal Updates: April 18, 2022

1.Person Not Being A Complainant Cannot Ask For Addition Of Offences In FIR
Punjab and Haryana High Court has held that a no-complainant cannot seek directions of addition of particular offences in a FIR lodged by another person

2.Karnataka Cattle Slaughter Prevention Act: High Court Permits Implementation Of S.5 Which Restricts Cattle Transport
The Karnataka High Court on Monday modified its earlier order dated January 21, 2021 and permitted the state government to implement Section 5 (Restriction on transport of cattle) of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 and rules framed thereunder.


Legal Updates: April 17, 2022

1.Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate
The Gujarat High Court has allowed a writ petition seeking directions to the Registrar under the Registration of Births and Deaths Act, 1969 to issue a fresh Birth Certificate in the name of son of the Petitioner after making necessary correction in his date of birth.

2. UK Rwanda refugee plan violates international law
The UN High Commissioner for Refugees (UNHCR) said that the UK’s plan to export its asylum obligations by transferring asylum seekers and refugees to Rwanda for asylum processing is a violation of international law.


Legal Updates: April 16, 2022

1.Writ Petition Is Not Maintainable To Enforce The Arbitral Award
The High Court of Madras observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under S. 36 of the A&C Act.

2.Arbitration Agreement Not Discharged By Death Of A Party And Is Enforceable Against The Legal Representatives
The Calcutta High Court has ruled that an arbitration agreement will not be discharged by the death of a party and it will be enforceable by or against the legal representatives of the deceased party.


Legal Updates: April 15, 2022

1.Citizens Don't Have Vested Right To Carry On Mining Operations, State Has Absolute Dominion To Decide Areas & Manner To Grant Permit
The Rajasthan High Court has observed that the right to carry on mining operations is not a vested right of any citizen. The court added that the State Government has absolute dominion to decide as to the areas and manner in which the mining permits will be granted.

2.Scope Of Section 9 Of The A&C Act Cannot Be Extended To Enforcement Of The Arbitral Award
The Calcutta High Court has ruled that the scope of Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot be extended to enforcement of the arbitral award or granting the fruits of the award to the award holder as an interim measure.


Legal Updates: April 14, 2022

1.Plaintiff Enjoys Status Of Dominus Litis & Has Right To Pursue His Claim Against Anyone He Thinks Fit
Punjab and Haryana High Court has reiterated that a plaintiff enjoys the status of dominus litis and thus, has every right to pursue his claim against anyone he thinks fit.
Dominis litis means "master of the suit".

2.Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly
The Delhi High Court has reiterated that only continuous and repeated acts of adultery or cohabitation in adultery would attract the rigours of the provision under Section 125 (4) of the Code of Criminal Procedure.

3.Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC
The Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure. The suit was filed seeking mandatory and permanent injunction against the defendants restraining them from passing off and violating the registered trademark and trade names of the defendant no. 4 Company, which owned and ran a famous eye hospital by the brand and trade name of 'Spectra Eye'.

4.Indonesia passes landmark bill on sexual violence
The House of Parliament (DPR) of Indonesia enacted the Sexual Crimes Bill (TPKS) into law at its Nineteenth Plenary Session, providing broader protection from sexual violence abusers and enforcing tougher sanctions


Legal Updates: April 13, 2022

1.Right To Be Forgotten: Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted
The Bombay High Court recently ordered the removal of an acquittal order from the Court's website on a plea moved by a person/accused who was facing difficulties in getting job due to the acquittal order passed in his favor.

2.UN in Bosnia suspends separatist Serb property law
The United Nations Office of the High Representative in Bosnia and Herzegovina (OHR BiH) issued an order halting the application of the Law on Immovable Property Used for the Functioning of Public Authorities.


Legal Updates: April 12, 2022

1.Existence Of Cause Of Action Cannot Be Equated With Merits Of Suit Filed
The Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed. The court said In the circumstances, considering that the nature of relief under both provisions are different from each other, this Court deems it appropriate to consider the instant application only as one under Order VII Rule 11 CPC i.e., whether or not the suit has to be rejected on any of the grounds mentioned thereunder.

2.14 Days Time Limit For Analyzing Sample & Issuing Report U/S 42 Of Food Safety Act Is Mandatory
The Madras High Court has recently allowed a petition for quashing proceedings under the Food Safety and Standards Act, 2006 observing that the Designated Officer had not sent his recommendations on the food sample within a period of 14 days, as mandated under Section 42 of the Act.

3.Bar Council Of India Constitutes 5 Member Committee To Look Into The Issue Of Dress Code For Lawyers
The Bar Council of India has informed the Allahabad High Court that it has constituted a five-member committee to hold discussions and conduct deliberations with the bar and the judiciary on the issue of dress code for lawyers.


Legal Updates: April 11, 2022

1.Court Can Take Cognizance Of Complaint Based On Notice Pursuant To 'Re-Presentation' Of Cheque
The Orissa High Court has held that Court can take cognizance of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 for 'cheque bounce' on the basis of a notice issued pursuant to presentation of a cheque for encashment for the second time and its subsequent dishonour.

2.Concurrent Registration Of Same Or Similar Trademark By Two Or More Persons Not Per Se Barred
The Delhi High Court has observed that if two Trade Marks are validly registered, both the registered proprietors can use the Trade Marks to the exclusivity of third parties, but cannot assert their rights against each other.

3.Insurance Company Not Absolved Of Liability If It Fails To Prove That Vehicle Owner Was "Aware" That Licence Of Driver Is Fake
The Punjab and Haryana High Court has held that an insurance company cannot be absolved from its liability from compensating the third party merely by claiming that the terms of insurance contract were breached as the vehicle insured was being driven by a person not holding a valid licence.


4.Depth Of Penetration Is Immaterial In Offence Of Rape
Stressing that the depth of penetration is immaterial in an offence of rape, the Allahabad High Court last week denied bail to a man who committed rape.

5.Court Does Not Have Adjudicatory Powers Under Section 27 Of The A&C Act
The Bombay High Court has ruled that the Court does not have the jurisdiction under Section 27 of the Arbitration and Conciliation Act, 1996 (A&C Act) to consider the legality of the reasons set out by the arbitral tribunal in its order permitting the examination of a witness.


Legal Updates: April 10, 2022

1.Wife Bent Upon Destroying Husband's Career & Reputation Amounts To 'Mental Cruelty
The Punjab and Haryana High Court recently observed that if the wife is bent upon destroying the career and reputation of her husband by making complaints against him to his senior officers, then it would amount to mental cruelty and the same would entitle the man to divorce.

2.'Different MRPs Can't Be Fixed For Same Products
The Karnataka State Consumer Disputes Redressal Commission recently dismissed an appeal filed by M/s PepsiCo India Holdings Pvt. Ltd challenging an order by the Additional District Consumer Disputes Redressal Forum to stop printing different Maximum Retail Prices(MPRs) for same quantity and quality

3.India Supreme Court upholds law restricting foreign donations to NGOs
The Supreme Court of India Friday upheld a series of amendments to the Foreign Contribution (Regulation) Act 2010 (FCRA) to strictly regulate the flow and utilisation of foreign contributions by organisations into the country.


Legal Updates: April 9, 2022

1.Claim For Maintenance U/S 125 CrPC Lies Where Parties Reside, Not Places Where "Flying Visits" Are Made
The Madhya Pradesh High Court,
Gwalior Bench has recently held that the word "resides" under Section 126 CrPC cannot be equated to a place where one makes 'a casual stay or a flying visit'.

2.Vis
ually Challenged Lawyer Files Complaint Against Practo Before Chief Commissioner Under Disabilities Act Citing Accessibility Barriers
A complaint has been filed before the Court of Chief Commissioner for Persons with Disabilities against Practo Technologies alleging tha
t its services were not effectively accessible to persons suffering from blindness and is therefore in gross violation of several provisions of the Rights of Persons with Disabilities Act, 2016.


Legal Updates: April 8, 2021

1.Hindu Succession Act Does Not Put An End To Coparcenary Rights, Sons And Daughters Shall Have Rights In Property As Coparceners
The Madras High Court has recently held that the Coparcenary rights are not taken away by the Hindu Succession Act 1956. In fact, it has been reiterated even after coming into force of the 2015 amendment.

2.Sex On Basis Of "Genuine Promise" To Marry That Didn't Fructify Not Rape
The Delhi High Court on Wednesday observed that a "genuine promise" to marry that did not materialise in future cannot be said to be false, and therefore doesn't amount to rape.


Legal Updates: April 7, 2021

1.Insecticide Not An Essential Commodity Under Essential Commodities Act
The Madhya Pradesh High Court on Tuesday held that 'insecticide' does not figure in the Schedule annexed to the Essential Commodities Act, 1955 and thus, the provisions and offences mentioned therein are not attracted relating to 'insecticide'

2.Initiating Litigation Cannot Be Treated As An Act Of Criminal Conspiracy
The Kerala High Court on Tuesday while quashing proceedings against two individuals who were accused of forging the 1934 Constitution of the Malankara Orthodox Syrian Church observed that Initiating litigation cannot be treated as an act of conspiracy as contemplated under Section 120B of the CrPC.

3.Cognizance Can't Be Taken For Offence U/S 188 IPC Unless Complaint Is Made By Public Servant Or His Superior
The Manipur High Court has held that Magistrate cannot take cognizance of a complaint involving an offence punishable under Section 188 IPC, if that is made by a third party and not by the public servant who promulgated the order or by the one to whom he (the public servant) is administratively subordinate.


Legal Updates: April 6, 2022

1.GST Is Payable 'On Fair Trade Premium
The Kerala Authority of Advance Ruling (AAR) bench of Sreeparvathy S.L. and Abraham Renn S. has ruled that GST is payable on fair trade premium, which forms part of the consideration and value of a taxable supply of goods.

2.Trademark Disputes That Purely Arise Out Of Contractual Rights And Obligations Are Arbitrable
The High Court of Delhi has observed that all the disputes that arise out of the Trade Marks Agreement are not outside the scope of arbitration. The bench clarified that disputes that purely deal with the interpretation of the terms of a trademark agreement and are not related to the grant or registration of the trademarks can be decided in arbitration.

3.Rules Of Arbitral Institution Do Not Determine The Place Of Arbitration
The Single bench of Delhi High court has held that the rules of arbitral institution would not determine the place of the arbitration and only the Courts at the place of arbitration proceedings will have the jurisdiction to entertain an application for the appointment of an arbitrator.

4.Suit Can Be Rejected Without Trial Where Pleadings Disclose Proceedings Are Time Barred
The Delhi High Court has observed that where the pleadings of the plaintiff disclose that a suit is barred by time, there is no fetter on the trial Court rejecting the suit on that ground, without subjecting it to trial.

5.Unilateral Refusal to Consummate Marriage Is A Ground For Divorce; Amounts To Mental Cruelty
The Madras High Court has reiterated that marriage can be dissolved by decree of divorce on a petition presented either by the husband or the wife on the ground that the other party as after the solemnization of the marriage has not cooperated to consummate the marriage.

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