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Surname of Child after death of biological father

Mother of the child, who is natural/legal guardian of the child after the death of biological father can she give surname of second husband who she remarries and can she give the child for adoption to husband? The Apex Court grants equal position to mother as that of father.

(Akela Lalita v/s Konda H Rao)

Agreement to adopt a child yet to be born

The hon’ble Punjab and Haryana High Court has held that Such agreement is not valid and not envisaged under Hindu Adoption Act.

(CRWP-5770 of 2022 decided on 15-06-2022.)

Injunction against co-sharer

The hon’ble Punjab and Haryana High Court has held that joint owner cannot claim injunction against the co-owner qua usage of portion of Joint Property unless the same amounts to destruction, wastage etc.

(RSA 5381 of 2019 decided on 25-07-2022)

Copyright Act Offences

As held by the Hon’ble Supreme Court of India, the offence u/s 63 of The Copyright Act is cognizable and is non-bailable offence.

(Knit Pro International v/s State of NCT of Delhi and another)M

Change of Venue- Seat of Arbitration

As held by the Hon’ble Supreme Court of India, in the case of BBR (India) Pvt. Ltd v/s S.P Singla Constructions Pvt Ltd, change of venue does not result in change or relocation of the seat of Arbitration.

Succession- Male Hindu dying Intestate

Right of a Widow of daughter to inherit- Property would devolve by inheritance and not by survivorship and daughter of such a Male Hindu would be entitled to inherit such property in preference to other collaterals.

Dishonor of Cheques due to mismatch of signatures or incomplete signatures

As held in Parvaiz Ahmad Bhatt v/s Fida Mohammad, the dishonor of cheque due to mismatch or incomplete signature constitute offence under section 138 of Negotiable Instrument Act.

Medical Negligence-Hospital

Hospital not beneficiary of Insurance Policies obtained by the Doctor to cover discharge of their own professional obligation. Where the equipment was not properly sterilized, staff not trained and medicines not of requisite quality, hospital liable

(Sheth M.L. Vaduwala Eye Hospital v/s OICL)

Anticipatory Bail-406, 498-A, IPC

Recovery of Istridhan is no ground to arrest person for offence under section 406, 498A IPC. Anticipatory Bail Entitlement.

(Pooran Singh v/s St.of Delhi, 2022)

Abetment to Suicide

Mere harassment without any positive action on the part of the accused would not amount of offence u/s 306 IPC.