FIRST LAW

The Investigating Agency / Police is not authorized either to charge, or to try the accused and the same is a judicial function. Thus, the Investigating Agency / Police cannot amalgamate the separate offences investigated under separate FIRs, into one charge sheet.

The Code of Criminal Procedure, 1973 – Section 125 - The Protection of Women from Domestic Violence Act, 2005 - Sections 20 and 23 - Monetary Reliefs - An order under Section 20 DV Act is not restricted by an order under section 125 Cr.P.C.

Trade Marks Act, 1999 - Section 29 - Infringement of registered trademarks - the Plaintiff is the registered owner of the Trademark "LOUIS VUITTON", the "LV" logo and the "Toile Monogram" pattern - the Defendants have infringed the trademark of the Plaintiff and committed the tort of passing off - the suit is decreed in favour of the Plaintiff. Sanjeev Narula, J . Louis Vuitton Malletier v. Iqbal Singh , C.S. (COMM) No. 607 of 2018 03-04-2019

Arms Act, 1959 - Section 25 - 'Conscious Possession' - the expression 'possession' refers to possession backed with the requisite mental element, that is, 'conscious possession' - Mere custody without the awareness of the nature of such possession does not constitute an offence under the Act - 'Conscious possession' of any fire arm / ammunition is a necessary ingredient of the statutory offence, entailing strict liability on the offender.

Penal Code, 1860 – Sections 304B and 498A - To constitute an offence under Section 304B and Section 498A IPC, it not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide.

In any eventuality whether there is an inordinate delay or delay is fatal is something which would be tested at trial.

Central Industrial Security Force Act, 1968 -  Section 15 - A plain reading of the provision indicates that the member of the Force is considered to be always on duty.

Municipal Corporation Act, 1957 (Delhi) - Ss. 343, 347B & 347D -  Order of demolition and stopage of buildings and works in certain cases and appeal - Appeals against certain orders or notices issued under the Act -  It shall only be the orders / notice issued under Section 343 and Section 347B of the Act, which can be challenged in an appeal before the District & Sessions Judge under Section 347D of the Act.

Service Law - Judicial Service - the Principle enunciated to count 10 years Bar practice of an advocate has not been restricted to only High Court Judges but is applicable qua an advocate having 10 years practice appointed on direct recruitment basis to a Judicial Post. Once it includes the post of ADJ, it cannot exclude the Judicial Members appointed from the Bar in the tribunal even before 19.2.2007. This cut off date has no reasonable nexus with the object of redeeming an advocate a right of respectable pension in case of less service by addition of 10 years practice at bar as a qualifying service. Shanker Raju v. Union of India , Suresh Kumar Kait, J. W.P. (C) No. 3223 of 2018 23-01-2019

Passports Act, 1967 -  Section 6(2)(e) - a passport can be denied to a citizen if he is convicted of an offence at any time during the period of five years preceding the date of application for a passport.

Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Section 500 - Defamation -  Quashing of Criminal Process -  participating in the TV debate - aware that the programme was going “live” to the people at large - need for restraint in choice of words or expressions was expected to be borne in mind - there is nothing shown at this stage to indicate that the anchor could have anticipated what was about to fall from the mouth of the petitioner so that he could block it from going viral through the live telecast. 

Competition Act, 2002 - Ss. 3, 4, 27 (b) & 48 -  Contravention of orders of Commission -  Officers / Directors can be proceeded against, along with Company - the Officers / Directors can only be liable if the CCI were to come to the conclusion that they were the key persons who were In-charge and responsible for the conduct of the business of the Company.

Trade Marks Act, 1999 - Ss. 29(8) & 30(1) - Honest Comparative Advertising - Objective of - defendant is not obliged to compare all parameters - Failure to point out a competitor's advantages is not necessarily dishonest -  The test of honest use is an objective test which depends on whether the use is considered honest by members of a reasonable audience.

Criminal Procedure Code, 1973 - Ss. 482, 397 r/w. 399 - Penal Code, 1860 -  Ss. 377, 323, 506 r/w. 34 IPC - Juvenile Justice (Care and Protection of Children) Act, 2000 – Ss. 23, 52 -  Inherent Power and Jurisdiction of High Court -  Punishment for cruelty to juvenile or child -  Unnatural Offence - Revision - Power of revision in terms of Section 397 read with Section 399 Cr. PC cannot be exercised by the court of Sessions in cases arising out of the Juvenile Justice Act, both of 2000 and 2015.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -  S.18(1) Second Proviso -  It is either the borrower or the guarantor, who is liable to make pre-deposit on an appeal filed by him / her against the order of the DRT.

Anti-Sikh Riots of 1984 -  It is indeed a matter of lament that there has been no meaningful thought spared till date to usher in reforms in the judicial process to effectively deal with the cases of communal riots which are engineered, more often than not, by those who have clout or influence– of various kind.

Narcotics Drugs and Psychotropic Substances Act, 1985 - Section 21 (c) -  Public Witnesses - the basis, therefor, is that public witnesses rarely prefer to be embroiled in a criminal investigation. If, however, the case of the prosecution is that such “co-operative” public witnesses were available, and that they had been invited to, and involved in, the investigations, the failure, on the part of the prosecution, to produce them as witnesses, necessarily dents its case, and dents it badly.

Industrial Disputes Act, 1947 - Section 33C - Recovery of money due from an employer - Limitation - Even if some reasonable period of limitation is to be read in to the provision, since the provision itself is silent on that score, then it could be taken to be a period of three years after the conclusion of the proceedings in the Labour Court.

Delhi School Education Act, 1973 - Section 8 (3) - Delhi School Education Rules, 1973 - Rule 105 – Probation - Rule 105 is applicable to unaided minority schools, in as much as these provisions do not encroach or interfere with the rights of the minorities to administer their educational institutions.

Family Settlement - A family settlement which settles disputes within the family should not be lightly interfered with especially if the settlement has already been acted upon by some members of the family - Such settlements have to be treated differently from ordinary contracts and should not be lightly disturbed.