LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Others Judgments and Orders

Thomson Reuters and the Indian copyright infringement matter

 08 May 2020

Legal research giant Thomson Reuters has filed a lawsuit against legal research start-up ROSS Intelligence alleging that it surreptitiously stole content from Westlaw to build its own competing legal research product. Thomson Reuters lawsuit against ..

Posted in Others |   892 hits

DV Act S. 2(q) - Case Law - Females can be respondents in DV complaints - Sandhya Wankhede vs. Manoj Bhimrao Wankhede and others (2011) 3 SCC 650

 08 May 2020

Although the main body of Section 2(q) expressly states that a respondent is an “adult male person”, the proviso widens the scope of proceedings by stating that an aggrieved wife or female living in a relationship in the nature of marriage can file a..

Posted in Others |   3482 hits

Whether Respondents were liable for pollution caused by sinking of ship and oil spill in Territorial Water of country

 07 May 2020

The Tribunal held that Respondents 5,6,7 and 11 were negligent and the element of Mens rea could be traced as the Respondents did not follow the Principle of Due Diligence pre-voyage and they directed the ship to continue its voyage even though one o..

Posted in Others |   1040 hits

IPC, 1860 - Case Law - Section 375 - Tuka Ram & Anr. vs. State of Maharashtra

 07 May 2020

Supreme Court overturned HC’s decision of convicting the men on the grounds that the HC had erred in accepting the argument of “passive submission” as there was no fear or apparent threat. Supreme Court further added that since “no marks of injury” w..

Posted in Others |   822 hits

Abolition of jury trials in India

 06 May 2020

Whether Mr. K M Nanavati is liable for the charges framed against him under Section 302 and 304A of the Indian Penal Code for murder of his wife’s paramour?..

Posted in Others |   827 hits

The first instance of arrest under Section 67 of the IT Act

 06 May 2020

In a landmark judgment, the first conviction under Section 67 (obscene material in electric form) of the IT Act, Mr.Suhas Katti was held liable to all the crimes and was sentenced to punishment for 2 years of rigorous imprisonment with a fine of Rs. ..

Posted in Others 1 comments |   930 hits

Judgement Analysis of Vikas Garg and Ors. Vs State of Haryana (The OP Jindal Rape Case)

 06 May 2020

The Judge lays emphasis on the fact that the survivor did not initially report the accused to the college authorities or her parents and they just assume that is necessary to reveal everything to one’s parents and completely ignore the reason that th..

Posted in Others |   2861 hits

Homicide Act, 1957 - Case Law - Section 2 - R v. Ahluwalia

 06 May 2020

The court held that appeal would be allowed on grounds of diminished responsibility. At the time of original trial there were reports that the appellant was suffering from depression due to decades of abuse and it was overlooked and the appellant was..

Posted in Others |   1346 hits

Whether states and local authorities have failed to adopt proper measures to manage the disposal of Municipal Solid Waste

 05 May 2020

The Tribunal held that all the States should comply with the Solid Waste Management Rules, 2016 (Rules of 2016) without any further delay and demur as the State government and the local authorities have failed to perform their statutory and constitut..

Posted in Others |   737 hits

NAZ Foundation vs. Government of NCT of New Delhi

 05 May 2020

A special leave petition under Article 126 was filed in the Delhi High Court by an NGO, Naz Foundation to challenge the constitutional validity of Section 377 of the IPC. The NGO worked for prevention of HIV-AIDS and interacted with the LGBT communit..

Posted in Others |   1378 hits

Analysis of Indian Council for Enviro-Legal Action v. Union of India and others

 05 May 2020

The above judgment had not been implemented to its entirety even after 15 years, and hence the Writ Petition was filed in 2011 to end the ongoing abuse of process of law by the respondents through unnecessary and repeated filing of interlocutory appl..

Posted in Others |   5176 hits

Can a woman commit the act of rape or gang rape?

 05 May 2020

The Court held that the offence of rape can only be committed by a man taking into account the bare reading of the penal provisions regarding the same. The Section in no way makes a woman liable for rape or gang rape as it is inconceivable. As intent..

Posted in Others |   1232 hits

The need for corroboratory evidence and rape under Section 376(2)(e)

 04 May 2020

The evidence provided by the victim in a sexual assault case is in itself, is enough for the conviction and does not necessarily need the corroboratory evidence of the medical examiner. The Court believed in the statement of the victim and therefore ..

Posted in Others |   735 hits

Joseph Shine vs. Union of India

 04 May 2020

In 2017, a PIL was filed under Article 32 of the Indian Constitution. It challenged the constitutionality of Section 198(2) CrPC and Section 497 IPC. Section 497 IPC criminalizes adultery, committed by a man who’s engaged in sexual intercourse with a..

Posted in Others |   1535 hits

Navjot Singh Johar v. Union of India

 02 May 2020

In 2018, a writ petition was filed in the Supreme Court to decriminalize Section 377 of IPC, according to which the act of voluntarily having carnal intercourse against the order of nature, a criminal offence and it imposes a criminal liability. The ..

Posted in Others |   1340 hits

Independent Thought v Union of India and Ors. (2017)

 01 May 2020

The Petitioner contends that almost every statute in India recognizes a girl below 18 years of age as a child and thus the law penalizes sexual intercourse with a girl below 18 years of age. Consequently, Section 375 of the Indian Penal Code, 1860 (I..

Posted in Others |   1004 hits

The peculiar case of ADM Jabalpur Vs. Shivkant Shukla

 30 April 2020

It has been 44 years since the landmark judgement of ADM Jabalapur v. Shivkant Shukla[1] was delivered. The inception of this case can be traced back to the judgement of Allahabad High court in another landmark case of State of Uttar Pradesh v. Raj N..

Posted in Others |   931 hits

Case of Lily Thomas V Union of India

 30 April 2020

A Hindu man cannot convert to Islam to simply contract to a second marriage, without any real change of belief or to simply avoid his first marriage. If he does so, his second marriage would be held void and he would be prosecuted under section 494 I..

Posted in Others |   1144 hits

North Sea Continental Shelf cases (Germany vs. Denmark and Germany vs. Netherlands)

 28 April 2020

Dispute related to the delimitation of the continental shelf between the Federal Republic of Germany and Denmark on the one hand, and between the Federal Republic of Germany and the Netherlands on the other. The Parties asked the Court to state the p..

Posted in Others |   1628 hits

Elected Representatives Cannot Have A Right To Claim That A Particular Employee Be Posted At A Particular Station: HP HC

 13 April 2020

It is most heartening, most reassuring and most refreshing to learn that the Himachal Pradesh High Court most recently on March 18, 2020 in a latest, landmark and extremely laudable judgment titled Sunita Devi Vs. State of H.P. & Ors. in CWP No. 1978..

Posted in Others |   1646 hits