If even one ingredient of an offence under the Indian Penal Code is missing in the act which has been made punishable under the special statute, the Indian Penal Code section will not be excluded and still can be resorted to. Bombay High Court answers the reference regarding the applicability of IPC to IT Act provisions which fall short on many counts in covering the offences of cyber crime. 2024 KLT OnLine 1403 (Bom. Auran.) (F.B.) Hon’ble Mr. Justice Mangesh S. Patil, Hon’ble Mr...

Eggshell skull Rule Supreme Court explains four categories for invoking and applying the rule in a medical negligence case wherein a needle got lodgedin the abdomen of the claimant duringsurgery for appendicitis for which enhanced compensation was soughtfor the continuous pain for about five years. Four categories 1. When a latent condition of the plaintiff has been unearthed; 2. When the negligence on the part of the wrongdoer re-activates a plaintiff’s pre-existing condition that had s...

It is the Waqf Board which has got the original jurisdiction to decide the issue pertaining to Mutawalliship and not the Waqf Tribunal. Supreme Court clarifies and sets aside the High Court Order which decided otherwise. 2024 KLT OnLine 1378 (SC) Hon’ble Mr. JusticeM.M. Sundresh& Hon’ble Mr. JusticeS.V. Bhatti Cheriyakoya Thangal v. Pookoya Decided on 2nd April, 2024 For full judgment 'click here'

Unless the surrender of Arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms. Kerala High Court sets aside the orders passed by the Screening Committee constituted for surrender of Arms in the wake of the upcoming Loksabha election. 2024 KLT OnLine 1376 Hon’ble Mr. Justice N. Nagaresh Jose Joseph v. State of Kerala Decided on 12th April, 2024 For Petitioners : Advs. P.M. Ziraj, Irfan Ziraj &a...

A promotional trailer of a movie is unilateral; Neither do they qualify as offers eliciting acceptance nor do they transform into promises or agreements enforceable by law. Supreme Court reversed the Order of NCDRC which granted compensation to the moviegoer who filed a consumer complaint for not showing Song “Jabra” in the movie “Fan” which was part of promotional trailers. 2024 KLT OnLine 1377 (SC) Hon’ble Mr. Justice Pamidighantam Sri Narasimha & Hon’...