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Showing posts from January, 2026

Supreme Court says in cheque bounce cases cognizance of cases be taken only after determining the question of limitation

INTRODUCTION Supreme Court of India has held that a trial court must first condone any delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) before taking cognizance of the offence in cases where the complaint is filed beyond the prescribed limitation period. This ruling was delivered on January 6, 2026.  Facts and Background of the Case The respondent, and her husband had lent Rs. 5,40,000/- as financial assistance to the appellant for the purchase of a house. Cheques issued by the appellant in repayment/discharge of this liability were dishonored. A complaint under Section 138 NI Act was filed, but it was belated (delayed by two days in presentation/filing). The Magistrate took cognizance of the offence on the very day the complaint was filed without first addressing/condoning the delay. Proceedings continued, but the appellant challenged this, eventually leading to the Supreme Court. Observations   The Supreme Court referred to the p...

Parental disputes or pending matrimonial and criminal matters between the natural guardians cannot constitute a valid statutory reason for refusal to issue passport says Allahabad High Court

Facts and Background The case involved a minor child aged about 2 years at the time of application whose mother applied for her passport on January 17, 2025. Despite completing all required formalities, the passport authorities kept the application pending indefinitely. The reason cited was the ongoing matrimonial dispute and criminal cases between the child's parents (the natural guardians). The authorities essentially treated these parental conflicts as a ground to withhold progress on the minor's passport application. The mother approached the Allahabad High Court via a writ petition, seeking directions for expeditious processing and issuance. Observations of the Court   Section 6 is Exhaustive and Mandatory   Section 6 of the Passports Act, 1967, provides the complete and exclusive list of grounds on which a passport authority may refuse to issue a passport or travel document.      - These grounds include matters like:       ...

US Supreme Court says federal courts lack authority to issue nationwide injunctions post EO concerning citizenship rights

Introduction  US Supreme Court restricts nationwide implementation of EO concerning reinterpret the 14th amendment Citizenship Clause.  Facts and Background President Trump issued the EO shortly after inauguration, aiming to reinterpret the 14th Amendment's Citizenship Clause. It would deny automatic US citizenship to children born in the US after February 19, 2025, if their parents were: Undocumented immigrants, or Lawfully present but on temporary/non-immigrant visas (e.g., tourists, students, H-1B workers). This would require at least one parent to be a US citizen or lawful permanent resident for the child to automatically gain citizenship. The order faced immediate legal challenges from states, immigrant rights groups (e.g., ACLU, CASA), and individuals, who argued it violated the 14th Amendment and long-standing precedent like the 1898 case. Multiple federal district courts (in Maryland, Washington state, Massachusetts, New Hampshire, etc.) issued preliminary injunctions ...

Supreme Court puts an end to years long multiple matrimonial disputes

Facts and Background    The case originated from matrimonial disputes between husband and his wife. Multiple criminal proceedings and related cases were pending between the parties, stemming from allegations typically associated with matrimonial discord including proceedings under Section 498A IPC and other related provisions, as well as other collateral cases. The appellants filed a petition under Section 482 CrPC before the Allahabad High Court seeking to quash the criminal proceedings. The High Court rejected the application, leading to the appeal before the Supreme Court. The marriage between the parties had irretrievably broken down. The parties reached a full and final settlement, including a payment of Rs. 30 lakhs. Both parties mutually agreed to dissolve the marriage and sought closure of all pending litigations to enable them to move on with their lives. There was a clear expression of mutual consent for quashing the proceedings and dissolving the marriage. Observati...

Chattisgarh High Court upholds divorce to a husband on mental cruelty as wife used to call him "Paaltu Chuha"

INTRODUCTION  Division Bench of Chhattisgarh High Court recently upheld a family court's 2019 decree granting divorce to a husband on grounds of mental cruelty and desertion by his wife. Facts and Background    The couple married on June 28, 2009.  A son was born on June 5, 2010. Soon after marriage, the wife allegedly began provoking the husband against his parents and repeatedly insisted on living separately from them (i.e., abandoning the joint family setup). She sent messages pressuring the husband such as one stating: "Leave your parents and stay with me". When he refused (prioritizing his duty towards his parents), she insulted him by calling him a "paaltu chuha" (pet rat), implying he was subservient to his parents. Additional allegations included her attempting self-harm during pregnancy, assaulting him in front of his mother, disrespecting elders, creating quarrels, and refusing to adjust in the joint family. The wife largely stayed at her parental home...

DELHI HIGH COURT SAYS BASEBALL NOT POPULAR AS CRICKET IN INDIA; ALLOWS USE OF BLUE JAY AS APPAREL BRAND

INTRODUCTION Trademark dispute decided in January 2026 between an Indian apparel firm using the mark BLUE-JAY for readymade garments in Class 25) and Major League Baseball Properties Inc. (MLB), which owns the famous BLUE JAYS / TORONTO BLUE JAYS marks associated with the Canadian baseball team in the MLB league. FACTS AND BACKGROUND  The Indian appellants applied for and eventually got registration of the word mark BLUE-JAY in 1998 registered in 2017 after opposition issues. MLB claimed trans-border reputation and goodwill of their BLUE JAYS mark and in use since 1976 for baseball-related merchandise, including apparel. In 2023, MLB filed a rectification petition under Section 57 of the Trade -Marks Act, 1999, seeking cancellation of the Indian BLUE-JAY mark. MLB argued bad faith adoption by the Indian party and that their global fame should prevent similar marks in India. OBSERVATIONS Single Judge Decision (July 1, 2025) A learned Single Judge of the Delhi High Court allowed MLB'...

Consumer Court Chandigarh held SBI cards guilty for deficiency of service

INTRODCUTION   The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh recently ruled against SBI Cards & Payment Services Pvt. Ltd. in a case involving wrongful reporting to CIBIL FACTS AND BACKGROUND   In this matter, the consumer had fully settled their credit card dues through a full and final settlement agreement. The company issued a 'No Dues' certificate' or acknowledgement confirming the account was cleared. Despite this settlement, the company failed to update the consumer's credit status properly with CIBIL. Years later, the consumer began receiving harassing calls demanding payment for an alleged outstanding amount. Upon checking their CIBIL report, the individual discovered they were still marked as a defaulter or had a negative entry due to the outdated/unresolved reporting. The consumer filed a complaint alleging deficiency in service and unfair trade practice under the Consumer Protection Act. OBSERVATIONS   The Commission, held SBI Ca...

HUSBAND SUPPORTS WIFE EDUCATION; SHE FILES DIVORCE

FACTS AND BACKGROUND  This case refers to a recent and widely reported matrimonial dispute in Bhopal, Madhya Pradesh, India  A temple priest (husband) supported his wife's ambition to join the police force by funding her education, coaching classes, and preparation using his earnings from performing religious rituals. The couple lived together for 3 to 4 years after marriage. The wife successfully cleared the required exams and was appointed as a Sub-Inspector in the police department. However, shortly after joining the service (and completing training), her attitude reportedly changed. She began expressing discomfort with her husband's traditional appearance, lifestyle, and profession.   Key Details from the Wife's Divorce Petition (Filed in Bhopal Family Court)   - She cited social embarrassment and feeling uncomfortable in public when seen with her husband.   - Specific objections included:   - His traditional attire (dhoti-kurta).   - Keeping a shi...

Consumer Court Delhi awards Rs. 20 Lacs to Women who suffered permanent loss to her fallopian tube due to medical negligence

FACTS AND BACKGROUND  The case involves medical negligence leading to the delayed diagnosis of an ectopic pregnancy, resulting in the removal of the complainant's fallopian tube and permanent infertility. The judgment was delivered by the District Consumer Disputes Redressal Commission-VIII (Central), Delhi, on December 18, 2025.  Parties Involved  Complainant:   40-year-old woman at the time of reporting).  Opposite Party 1 (OP1): The treating doctor at the nursing home.  Opposite Party 2 (OP2): A private nursing home in Central Delhi. Chronology of Events July 2020 : Complainant tested positive for pregnancy at home and visited the nursing home for confirmation. The treating doctor took charge of her antenatal care. She was identified as a high-risk patient.  Over the next nearly one month (and persisting for about two months total), Complainant repeatedly complained of persistent abdominal pain. The doctor prescribed medicines and injections "b...

CONSUMER COURT ORDERS HAIR TRANSPLANT CLINIC IN DELHI TO PAY RS. 6 LAKHS AS COMPENSATION

INTRODUCTION  In a notable consumer rights case in India, Complainant, a resident of Delhi, filed a complaint against, a hair transplant clinic located in Delhi. The case revolves around allegations of deficient service, negligence, and unfair trade practices related to a hair restoration treatment for baldness that Complainant underwent in 2012. After a prolonged legal battle spanning over a decade, the New Delhi District Consumer Disputes Redressal Commission ruled in favor of complainant in May 2025, awarding him a total compensation of ₹6.3 lakh.  Facts and Background Complainant approached the Hair Transplant Clinic in September 2012, just before his marriage, seeking treatment for baldness. He was drawn to the clinic due to its advertisements portraying it as a "global leader in hair transplant technology." The clinic's doctors assured him that their Direct Hair Implantation (DHI) procedure would restore a natural hair appearance by transplanting 1,621 hairs. The in...

Supreme Court enhances permanent alimony from Rs. 15 lakhs to Rs. 50 lakhs in favor of wife

FACTS AND BACKGROUND Marriage and Initial Breakdown The parties (wife: an M.Tech graduate with an LLB qualification; husband: a medical doctor) were married in 2009. Differences arose shortly after the marriage, leading to separation and matrimonial discord.  Proceedings in the Family Court (Initiated in 2011) In June 2011, the husband filed a petition under Section 13(1) (ia) of the HMA seeking dissolution of the marriage on the ground of mental cruelty inflicted by the wife. The wife contested the divorce petition and filed a counter-claim under Section 9 of the HMA for restitution of conjugal rights (i.e., requesting the court to direct the husband to resume cohabitation). She also appears to have invoked Section 25 of the HMA for maintenance/alimony, possibly as a defense or additional claim which allows additional relief in certain proceedings,but primarily tied to maintenance claims).  After trial, the Family Court:  Granted the decree of divorce in favor of the hus...

Supreme Court Grants Divorce in Long-Standing Marital Dispute, Orders Rs 25 Lakh Alimony

INTRODUCTION  In a significant ruling on marital discord and evidence evaluation, the Supreme Court of India has granted divorce to a couple married over two decades ago, while directing the husband to pay a one-time alimony of Rs 25 Lakh to his former wife. The case, which highlights issues of desertion, eviction claims, and overlooked evidence in lower courts, underscores the importance of thorough judicial scrutiny in family law matters. BACKGROUND OF THE CASE   The couple, whose identities remain undisclosed in public records to protect privacy, tied the knot on May 27, 1999. Shortly after their marriage, they relocated to Assam, where the husband secured employment. However, marital bliss was short-lived. According to court documents, the husband alleged that his wife deserted him in November 1999, abandoning the matrimonial home without justification. In contrast, the wife maintained that she was forcibly evicted from the residence by her husband, painting a picture of d...

Chandigarh Consumer Commission Holds Seller Liable for Unproven Refund Claim in Flipkart Transaction

INTRODUCTION In a recent ruling that reinforces the principle of burden of proof in consumer disputes, the District Consumer Disputes Redressal Commission-II, Union Territory, Chandigarh, partly allowed a consumer complaint against an online seller for failing to provide evidence that a refund had been processed. The case highlights the risks e-commerce sellers face when relying on unsubstantiated claims, while exonerating the platform entity named in the suit. Background and Facts of the Case On June 20, 2021, Complainant ordered a Caran D'Ache 849 Ballpoint Pen priced at ₹1,611 through the Flipkart marketplace. The product was listed and supplied by (Opposite Party No. 1), a retailer specializing in premium writing instruments. The pen was delivered on June 26, 2021, but in a different colour than advertised. Complainant requested a replacement, which was initially arranged but later cancelled. A second replacement was delivered on July 6, 2021, yet it again differed in colour an...

Bombay High Court (Aurangabad bench) Quashes FIR: A Detailed Analysis of the Dowry Harassment and Cruelty Case

INTRODUCTION  In the realm of matrimonial disputes in India, allegations of cruelty and dowry harassment under Section 498A of the Indian Penal Code (IPC) have become increasingly common, often leading to protracted legal battles. However, the judiciary has repeatedly emphasized the need for caution to prevent misuse of these provisions, which are intended to protect women but can sometimes be weaponized in personal vendettas.  This article delves into a specific case where the marriage between the petitioners (husband and wife) was solemnized on January 28, 2024, only to be followed by an FIR lodged on July 31, 2024, at Vimal Tal Police Station. The FIR accuses the husband, his parents-in-law, sister-in-law, her husband, and a cousin of acts of cruelty and dowry harassment. Ultimately, Court came to the conclusion that the allegations levelled against the accused person are not tenable and thus quashed the FIR.  BACKGROUND OF CASE The marriage, conducted under traditiona...

Supreme Court Awards ₹12 Crore Permanent Alimony, Dissolves Marriage on Grounds of Irretrievable Breakdown

INTRODUCTION  In a significant ruling delivered on December 19, 2024, the Supreme Court of India dissolved a short-lived marriage on the grounds of irretrievable breakdown, invoking its plenary powers under Article 142 of the Constitution. The Court directed the husband to pay 12 Cr as permanent alimony to the wife, while strongly cautioning against the misuse of Section 498A of the Indian Penal Code (IPC).  Background and Facts of the Case The parties were married on July 31, 2021, in Pune according to Hindu rites. The husband, a US-based IT consultant, was previously married and had children from his first marriage, for which he had reportedly paid a substantial settlement. Disputes erupted almost immediately after the wedding, primarily stemming from issues related to the husband's obligations towards his children from the prior marriage, his ex-wife, and his ailing parents. The marriage barely lasted a few months, with no continuous cohabitation. Allegations of cruelty fle...

DIVORCE AFTER 22 LONG YEARS

BACKGROUND   Husband and wife got married in year 2000, at Shillong.  Prior to their marriage, both of them were working in same office and known to each other very well. However, despite that just after one year, i.e. in the year 2001, wife left her matrimonial home. Husband tried to bring her back, but the wife refused. Therefore, in 2003, husband was forced to file for divorce. OBSERVATIONS   In the year 2010, the District Court decided in favor of husband, and the marriage between the parties stood dissolved. It was observed that that since wife has deserted husband without any cogent reason, therefore the marriage between the parties stood dissolved.   Aggrieved by the same, wife approached the High Court and filed an appeal. It was contented that wife had no intention to leave the husband permanently. Wife also pleaded that husband was very well aware that she could not leave her job as she is to look after her elderly parents and dependents. Moreover, she...