Category: Case laws

No Widow Pension To A Woman Who Performs ‘Kareva Marriage’ After Death Of Her Husband: P&H HC

The P&H High Court has held that the Woman who performs ‘Kareva Marriage’ after the death of her husband is not entitled to grant of pension under the Haryana Pension to Widows and Destitute Women Scheme. What is Karewa Marriage? Karewa marriage is a type of widow marriage which is mostly prevalent in Haryana and…
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July 11, 2020 0

Delhi HC Has Issued Summons Against Club Factory To Restrain Sale Of Goods With LV Logo

The Delhi HC has issued summons in a suit brought by the luxury brand Louis Vuitton Malletier (Plaintiff) against the e-commerce website Club Factory(Defendant) seeking to restrain the sale of any goods with the Plaintiff’s logo/trademark on the Defendant’s platforms. (Louis Vuitton Malletier vs Futuretimes Technology India Pvt Ltd) The Club Factory was one of…
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July 11, 2020 0

PUCL Moves SC To Constitute A SIT to Investigate Into The Encounter Of Vikas Dubey

The People’s Union for Civil Liberties (PUCL) has moved an application in the Supreme Court related to another horrific encounter done by the UP Police on 10th July, 2020 in Kanpur. The application is moved in a 2018 criminal writ petition moved by the organization, seeking CBI/SIT inquiry into thousands of police encounters that have…
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July 11, 2020 1

Surrender Can Never Be Construed As Consensual Acts Of Sexual Intercourse: Kerala HC [Read Order]

“When a person is completely powerless, and any form of resistance is futile, she may go into a state of surrender. The system of self-defense shuts down entirely. The helpless person escapes from her situation not by action in the real world but rather by altering her state of consciousness…..” these observation were made on…
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July 8, 2020 0

Pulling Down Legging & Touching Thighs Of A Child Is Sexual Assault Under POCSO ACT [Read Order]

The Delhi HC has held that pulling down the leggings of the child victim and touching of the thighs is evident of sexual intent and constitutes an offence of sexual assault in terms of Section 7 of POCSO Act. Facts of the case:- – The appellant has been convicted of an offence under Section 10…
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July 7, 2020 0

Police Cannot Register An FIR Under Section 172 to 188 IPC: Madras HC

Let us first understand Section 188 of IPC and Section 195(1)(a) of CrPC: Section 188 of IPC talks about “Disobedience to order duly promulgated by public servant” and is punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;…
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July 6, 2020 0