Bringing you the Best Analytical Legal News
A woman cleared the written exam for Forest Guard and Wildlife Guard recruitment, nine months pregnant at the time, was told there was no rule allowing her physical test to be postponed. The Allahabad High Court disagreed, holding that no woman should have to choose between motherhood and a job.
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The High Courts observed that criminal prosecution of any person is a serious matter as it affects the liberty of that person.
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The present application arose because the earlier order did not expressly refer to 39 short videos and 5 English-language videos that were mentioned in Para 10 of the plaint, although according to Isha Foundation these videos formed part of the original cause of action and contained content substantially identical to the impugned videos already directed to be taken down.
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The Court reiterated the golden rule of law that when a specific statutory provision to do certain act is codified under the statute, such an act must be and should be done in the same manner as codified under the statute or not at all. Any other mode is expressly forbidden in law.
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The Court directed that the petitioner’s bank account be unfrozen holding that freezing the account at the instance of the cyber cell, on the basis of a single UPI transaction of ₹1000 from vendee, without notice and without following due process of law was unsustainable, contrary to law and illegal.
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The Jammu & Kashmir and Ladakh High Court ruled that maternity benefits cannot be curtailed based on the nature of employment and that withholding salary during maternity leave unfairly penalises motherhood.
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A 29-year-old woman was allegedly kept from leaving her own home for nearly three months, her phone and laptop taken away, after traveling to Manipur for what she believed were wedding preparations.
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The Court held applicable rules did not prescribe a mandatory requirement of 10ten years’’ continuous physical residence, and such a condition could not be introduced or enlarged through executive or administrative instructions.
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The Court held that with adequate material like a DNA test and joint acknowledgment of parentage, Section 15, Registration of Births and Deaths Act, 1969 permits correction of the birth certificate to replace the former husband’s name with that of the biological father.
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Delhi High Court granted interim protection to “ZEPTO” trade marks, restraining the defendants from using “ZEPTO FINANCE” and other deceptively similar marks.
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It was alleged by the applicant that the social website named “Tinder app” is not a matrimonial site, but is a popular site among youngsters, and the said website is meant for making friends.
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The High Court object of the moratorium is merely to postpone civil debt enforcement and not to shield an accused from criminal accountability arising out of dishonour of cheques.
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Kerala High Court held that in cases involving child victims, expressions used to describe the act of sexual assault must be interpreted in the factual context rather than through strict anatomical distinctions.
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Delhi High Court ruled that a caste-based insult under Section 3(1)(x), SC/ST Act must occur in a place within public view. Finding this essential ingredient absent, it set aside the charge and remanded the case for consideration under the IPC.
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Delhi High Court held that OpenAI’s use of ANI’s works for training ChatGPT’s LLMs is prima facie protected under fair dealing provisions of the Copyright Act and declined interim injunction.
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Neither a divorce nor a marriage can be conducted through a notarised agreement, the Madhya Pradesh High Court holds, dismissing a family pension claim by a man who could not prove he was ever legally married to a deceased Tribal Affairs Department employee.
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The Court observed that the relief sought by the petitioner seems to be in disguise as it tries to achieve approval indirectly, which it has failed to achieve directly.
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“The Court held that the salary certificate and pay slip, corroborated by the oral testimony of the dependants and co-workers, constitute reliable and corroborative proof of the income of the deceased and cannot be rejected merely on the ground that the author of such documents was not examined.”
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The Allahabad High Court held that the absence of specific casteist words in the FIR did not justify discharge where the Facebook post recovered during investigation and witness statements disclosed a prima facie case against the accused.
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The Jharkhand High Court held that where facts are disputed and official records contain discrepancies in an alleged custodial death, a judicial inquiry is mandatory to independently determine the truth and ensure accountability.
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