Legal News from the Companies

Online shopping fraud cases have jumped nearly six times since March 2017. There have been 13,993 reported cases of online shopping fraud since August 2016. Consumers lodged nearly 6,000 complaints every month against online retailers and telecom giants between April and September this year. Flipkart topped the chart with over 11,000 complaints registered against it on the National Consumer Helpline, followed by Amazon with over 7,200 complaints against it. Among telecom giants, there were 6000, 5700 and 4900 complaints registered against Reliance JIO, Bharti Airtel and Vodafone respectively.  >>

Lead Legal Stories from Around the World

A UK judge has written a play, to throw light on the ‘secret’ workings and ‘harsh’ environments of the country’s family courts and to press that the system there requires more transparency. The family court judge, Stephen Wildblood QC, also performs a role in the play enacting a scene from one of the family law cases in the UK which are held in private and there is no independent scrutiny of what they do. >>

The Supreme Court of Spain has said that workers in the country have a right to receive Christmas hampers from their employees. The case arose from a labor dispute at Fujitsu Technology Spain, in which the company eliminated gifting the Christmas hamper from the budget in 2013. A Christmas hamper is a packaged assortment of wine, cheese, oils, and meats, often gifted to employees in Spain. >>

The US Supreme Court struggled to decide what kind of new sentencing a death row inmate was entitled to after a federal appeals court ruled that the trial judge, who had condemned him to death, failed to take account of the evidence of horrific physical abuse the inmate had endured as a child. The appeal of James Erin McKinney could affect as many as 15 of the 104 death row inmates in the US state of Arizona. >>

Latest Indian Legal Stories of the Week

While convicting former BJP MLA Kuldeep Sengar in the infamous Unnao rape case, a Delhi court observed that the probe suffered from a “patriarchal approach”. The District Judge narrated in his order how the case “manifests the multitude of restrictions and taboo within which many women in rural areas are brought up, grow and survive. It epitomises the fear ingrained in the minds of young girls in the countryside or elsewhere against reporting issues of sexual assault by powerful persons”. >>

The Calcutta High Court has held that there is no clear, unequivocal evidence to show that the death penalty acts as a deterrence to the commission of a crime. The order came as the HC commuted the death sentence awarded by a trial court to a repeat offender under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. >>

National Green Tribunal (NGT) Chairman Justice Adarsh Kumar Goel has said that the enforcement of environmental laws was not intended to stop or harm industrial activities and that if we do not act right now to maintain an ecological balance, we will have to face devastation. >>

Judgment of the Week

Sri Prabodh Ch. Das And Anr. v. Mahamaya Das And Ors. [Hon’ble Justices S. Abdul Nazeer and Sanjiv Khanna; 13-12-2019]

If the appellant does not appear, the Court may dismiss the appeal for default of appearance but it doesn’t have the power to dismiss it on merits

SC – Remitting the matter to the Guwahati HC, the Hon’ble SC observed that Order 41 Rule 17(1) of CPC read with its explanation makes it explicit that the Court cannot dismiss the appeal on merits where the appellant remains absent on the date fixed for hearing. In other words, if the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss it on merits. This gives an opportunity to the appellant to convince the appellate court that there was sufficient cause for non-appearance. Such an opportunity is lost if the courts decide the appeal on merits in absence of the counsel for the appellant.

Wishing an awesome week ahead !


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