H O Gupta & Associates

 In a significant reaffirmation of settled principles of succession and testamentary law, the Supreme Court in Metpalli Lasum Bai (Since Dead) & Others vs. Metapalli Muthaih (Deceased) by Legal Representatives held that a registered Will enjoys a presumption of genuineness , and the burden of disproving its validity lies on the person challenging it . The judgment highlights how the formal registration of a Will significantly strengthens its evidentiary value, especially when supported by other statutory formalities like attestation and proof of execution. 📜 Background of the Case The dispute revolved around the validity of a registered Will , which had been executed by a deceased person whose estate became the subject of a succession battle. The trial court, after examining the evidence—including the registration and attestation of the Will—upheld its validity. The Will was later challenged by other legal heirs, who alleged that it was invalid due to suspicious circums...

  In a significant development for brand protection and consumer rights, the Delhi High Court has officially declared ‘Nutella’ a well-known trademark under Indian trademark law. The ruling came in the case of Ferrero SpA v. MB Enterprises , and marks a major win for the Italian confectionery giant Ferrero SpA, which owns the globally renowned hazelnut cocoa spread brand. Justice Saurabh Banerjee delivered the judgment while granting relief in a trademark infringement suit against MB Enterprises, a Thane-based entity caught producing and distributing counterfeit Nutella products. The Court also granted Rs 30 lakh in damages to Ferrero and issued a permanent injunction restraining the defendant from any further infringement. 🔹 Recognition as a Well-Known Mark The Court found that Ferrero had successfully met the test under Section 2(zg) of the Trade Marks Act, 1999 , which defines criteria for a trademark to be considered "well-known." The judgment noted Nutella’s glob...

  Delhi Government Urges Supreme Court to Reconsider 10/15-Year Vehicle Ban: Calls Policy Unscientific, Unfair to Common Citizens In a major move that could reshape pollution control policy in the National Capital Region (NCR), the Delhi Government has approached the Supreme Court seeking a review of its 2018 order banning diesel vehicles older than 10 years and petrol vehicles older than 15 years . The ban, originally imposed to curb air pollution, is now being questioned as outdated, unscientific, and unfair , especially in light of technological advances and cleaner vehicle norms. The plea was filed in the landmark environmental case MC Mehta v. Union of India , and challenges the continued application of the blanket ban that has forced thousands of roadworthy vehicles off the roads—many of which, the government argues, pose minimal threat to the environment. 🚗 “Ban Is Not Based on Science,” Says Delhi Govt The application makes a bold claim: the 2018 directive was not ba...

  SC Clarifies: Res Judicata Not a Ground for Rejection of Plaint Under Order VII Rule 11 CPC In a key judgment reinforcing procedural fairness in civil litigation, the Supreme Court in Pandurangan v. T. Jayarama Chettiar & Anr. has ruled that the principle of res judicata cannot be invoked as a ground to reject a plaint under Order VII Rule 11 of the Code of Civil Procedure (CPC), 1908 . The Court observed that such a plea cannot be decided solely on assertions made in an application for rejection of the plaint and must instead be adjudicated upon a detailed consideration of facts and evidence . ⚖️ Key Legal Observation “Res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint,” the Supreme Court stated, emphasizing that such a determination requires judicial examination beyond pleadings . 📜 Background The case arose when the defendants in a civil suit filed an application under Order VII Rule 11 CPC seeking rejectio...

 In Shiv Shankar vs. State & Ors. , the Delhi High Court upheld the acquittal of a woman and her family members who had been accused of abetting the suicide of her husband , finding no actionable evidence to support the charge under law. Court ruled that although the deceased may have been emotionally distressed or unhappy with the marriage, mere dissatisfaction or allegations of family discord do not amount to criminal abetment under Section 306 of the Indian Penal Code (IPC). “There are general allegations of continuous threats of false implication in dowry cases. It may be a case where the deceased was unhappy and dejected with his marriage but definitely, no act of abetment can be made out either from the suicide note or from the testimony of the parents,” the Court stated. 📜 Background: Allegations and Acquittal The deceased, Shiv Shankar, had reportedly died by suicide, leaving behind a note blaming his wife and in-laws, alleging harassment and threats ...

 In a strong indictment of custodial abuse by law enforcement authorities, the Supreme Court has ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of Jammu & Kashmir police constable Khursheed Ahmad Chohan at the Joint Interrogation Centre, Kupwara. The Court also directed the immediate arrest of the accused police officers and awarded Chohan a ₹50 lakh compensation for the gross violation of his fundamental rights under Article 21 of the Constitution . 📍The Supreme Court’s Directions A Bench comprising Justices Vikram Nath and Sandeep Mehta issued the following key directions: CBI to register an FIR and constitute a Special Investigation Team (SIT) to probe the custodial torture. Arrest of the accused officers within one month . Completion of the investigation within three months from the date of FIR registration. CBI to examine systemic issues within the Joint Interrogation Centre, Kupwara. ₹50 lakh compensat...

In a significant clarification on the scope of mandatory injunctions, the Supreme Court in Estate Officer, Haryana Urban Development Authority & Ors. v. Nirmala Devi has held that the grant of a mandatory injunction under Section 39 of the Specific Relief Act, 1963 , is not a matter of right but one of judicial discretion , to be exercised only when a legally enforceable obligation has been clearly breached . ⚖️ Breach Must Be Specific and Proven The Court emphasized that a mandatory injunction , which compels a party to perform a specific act, can be granted only when there is a demonstrable breach of an obligation that is legally binding . "The breach of obligation and performance and compulsion to perform certain acts in relation to such obligation must be specifically established before a mandatory injunction can be granted," the Bench observed. This reinforces that the courts must be satisfied not just about the existence of a duty or obligation, but also th...

In a crucial affirmation of the right to privacy and dignity , the Madras High Court has directed the Union Ministry of Electronics and Information Technology (MeitY) to take urgent steps to identify, remove, and block non-consensual private images and videos of a woman lawyer that were secretly recorded by her former partner and later circulated online. The case, titled X vs. Union of India & Anr. , was brought by the victim seeking judicial intervention after her private content was uploaded and spread without her knowledge or consent—an act amounting to a grave violation of her bodily autonomy, dignity, and personal liberty under Article 21 of the Constitution of India. 🧑‍⚖️ Court's Observations: Fundamental Rights Are Not Limited to Citizens The Court emphasized the constitutional duty of courts to safeguard the rights of all individuals , regardless of nationality or citizenship: "It is the responsibility of a constitutional court to protect the fundamenta...

In a significant ruling reaffirming judicial deference to national security decisions, the Delhi High Court has dismissed a plea filed by Celebi Airport Services India Private Limited challenging the revocation of its security clearance by the Central government. The judgment came in the case titled Celebi Airport Services India Pvt. Ltd. vs Union of India & Ors. , where Celebi, a leading provider of ground-handling services at Indian airports, sought relief against the government's decision to withdraw its security clearance — a move that impacted its operations at major airports. 🏛️ Court’s Observations: National Security Beyond Judicial Scrutiny A Bench of the Delhi High Court emphasized that courts must exercise restraint in matters involving national security , especially when such decisions are made by competent authorities in the interest of the nation. “Once national security considerations are found to exist, on the basis of which the security clearance has ...

In a significant clarification on the scope of the offence of stalking under Indian law, the Karnataka High Court has held that merely sending profane or abusive text messages does not amount to stalking under Section 354D of the Indian Penal Code (IPC) .  The ruling came in the case of Abhishek Mishra v. State of Karnataka & Anr. , where Justice M. Nagaprasanna quashed proceedings under Section 354D IPC against a man accused of stalking and blackmail. 🧾 Background: Relationship, Allegations & Legal Battle The complainant, a woman, alleged that she met Abhishek Mishra during UPSC coaching in Delhi , where they developed a relationship. She accused Mishra of: Promising marriage and then backing out, Recording private videos without consent, Threatening to release the videos on social media, Sending abusive messages , which she claimed amounted to stalking and harassment . She lodged an FIR invoking multiple provisions of: The IPC (including S...

  ⚖️ Bombay High Court: Arbitral Tribunals Must Give Clear Reasons When Rejecting Liquidated Damages Claims In a significant judgment reaffirming principles of transparency and accountability in arbitral proceedings, the Bombay High Court has ruled that arbitral tribunals must provide adequate reasoning when rejecting claims for liquidated damages under Section 74 of the Indian Contract Act , especially in cases where proving actual loss is difficult or impossible. The judgment was delivered by Justice Somasekhar Sundaresan on June 18, 2025 , in the case of HPCL v. GR Engineering Pvt Ltd . 🛠️ The Dispute: Project Delays and Damages The case arose from a 2006 contract between Hindustan Petroleum Corporation Limited (HPCL) and GR Engineering (GRE) for the construction of 12 LPG mounded bullets at HPCL’s Mumbai refinery. Despite clear timelines, the project was delayed by over two years . HPCL withheld payments and sought ₹5.83 crore in liquidated damages , ...

“No Pre-conditions, No Husband’s Consent Required to Annul Marriage Through Khula,” Rules Court In a progressive and clarificatory ruling, the Telangana High Court has reaffirmed the absolute right of a Muslim woman to unilaterally annul her marriage through Khula , holding that no specific procedure or precondition, including the husband’s consent, is required for its validity . The case of Mohammed Arif Ali vs. Smt. Afsarunnisa and Another raised critical questions about a Muslim woman’s autonomy in initiating a divorce through Khula , a form of dissolution of marriage under Islamic personal law. 🧾 Background of the Case The petitioner, Mohammed Arif Ali, contested the dissolution of marriage initiated by his wife, Smt. Afsarunnisa, through Khula . He argued that the separation was invalid as it lacked his consent and had not followed any prescribed procedural formality . However, the Court dismissed this contention and upheld the validity of Khula as exercised by the wi...

In a landmark ruling in Kattavellai @ Devakar v. State of Tamil Nadu , the Supreme Court of India has issued comprehensive guidelines to ensure the proper collection, preservation, and use of DNA evidence in criminal investigations. The verdict came while acquitting a death row convict , whose conviction was based solely on circumstantial evidence and flawed handling of forensic material . A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta held that lack of uniformity and procedural safeguards in handling DNA evidence can seriously impact the fairness of trials , especially in cases involving grave charges such as rape and murder . ⚖️ Background: A Conviction Built on Fragile Foundations The case pertained to a 2011 double murder and rape incident in Tamil Nadu. The trial court had sentenced the accused, Kattavellai @ Devakar, to death in 2018 based on circumstantial evidence , including DNA samples. However, the apex court, upon a critical re-evaluation ...