Karnataka High Court Refuses To Quash Child Marriage Case Against Groom, Families; Warns Temples, Priests And Marriage Halls Of Liability

The Karnataka High Court has refused to quash a Child Marriage case against the groom as well as the families of the groom and the minor girl, by underscoring that ignorance of law or factum of a cordial marital relationship would not legalise the wrong already committed.“Parents who ought to bless their daughters with encouragement, education and empowerment, instead bless them with...

Person Convicted For Gang Rape Of Minor Not Absolutely Barred From Open Air Camp; Rule Allows Exceptions: Rajasthan High Court

The Rajasthan High Court has held that a person convicted for gang-rape of a minor though ineligible to be shifted to open air camp, can be considered for the relief in case of exceptional circumstances.The division bench of Justice Farjand Ali and Justice Sandeep Shah noted that Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 prescribes classes of prisoners who shall...

Telangana High Court Discharges CA, Businessman In PMLA Case; Finds No Direct Role In Money Laundering

Quashing a money laundering case against a chartered accountant and a businessman accused of assisting in layering of funds in an alleged bank fraud case, the Telangana High Court observed that prosecution under PMLA cannot be sustained based on uncorroborated statements of co-accused.A Single Judge Bench of Justice E.V. Venugopal while referring to Supreme Court judgments observed:"When...

Kerala High Court Upholds Non-Maintainability Of Writ Petitions In Bar Association Election Disputes

The Kerala High Court on Monday (16 March) reaffirmed that disputes concerning elections to Bar Associations are matters of internal administration and cannot be challenged through writ petitions under Article 226 of the Constitution.A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar was delivering the judgment in an appeal against dismissal of a writ petition...

'Remission Schemes Motivate Prisoners To Maintain Good Behaviour': Patna High Court Orders Reconsideration Of Life Convicts' Plea

The Patna High Court has held that remission schemes serve an important reformative purpose and act as a healthy motivation for prisoners to maintain good behaviour. It accordingly directed the Bihar State Sentence Remission Review Board to reconsider the remission applications of two convicts who had been sentenced to life imprisonment for abducting children for extortion.Justice Jitendra...

Husband Being A 'Drunkard' Can't Lead To Presumption That He Killed Wife Over Strained Relationship: Madras High Court Sets Aside Conviction

The Madras High Court recently set aside the conviction of a man for allegedly murdering his wife over their strained relationship. The bench of Justice Anand Venkatesh and Justice P Dhanabal held that merely because the couple had a strained relationship and the husband was a drunkard, it could not lead to a presumption that he killed the wife, in the absence of any evidence to prove...

One-Year Discharge Period For Ex-Servicemen Quota Should Be Counted From Date Of Exam Results, Not From Last Date Of Application : Delhi HC

A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that where eligibility rules are ambiguous, they must be interpreted in favour of the candidate, and the one-year discharge period for Ex-Servicemen should be counted from the date of exam results, not the last date of application for exam. Hence, a candidate serving in the...

S.88 Registration Act | Govt Officer Exempt From Personal Appearance Even If Document Registered In Another State: Kerala High Court

The Kerala High Court has held that government officers exempted from personal appearance for document registration under Section 88 of the Registration Act, 1908 retain that exemption even when the document is registered in another State.Justice P.V Balakrishnan delivered the judgment in a writ petition, where the Court examined whether a registering authority in one State can insist on...

Mere Relationship With A 'Gangster' No Ground To Attach Property; Crime-Acquisition Nexus Essential: Allahabad High Court

The Allahabad High Court recently set aside the attachment of immovable property belonging to one Mansoor Ansari, the cousin of gangster Mukhtar Ansari, as it observed that the State failed to establish any nexus between the commission of any offence and the construction of the building/shops in question. A bench of Justice Raj Beer Singh clarified that the State cannot seize...

Denying Authenticated Clone Copies Of Electronic Evidence To Accused Violates Right To Fair Trial Under Article 21: Rajasthan High Court

While allowing petitioner's application of getting cloned copy of the electronic evidence used by prosecution in a corruption case, Rajasthan High Court opined that furnishing of unrecognized copies or denial of authenticated copies not only violated petitioner's right to fair trial under Article 21 but also hampered his/he right to effectively invoke remedy of discharge.The bench of...

Co-Owner's Undertaking To Accept “Whatever Amount” On Future Sale Cannot Bar Statutory Right To Partition: Kerala High Court

The Kerala High Court has held that an indefinite undertaking by a co-owner agreeing to accept “whatever amount” another party may pay on a future sale of property cannot bar a statutory right to seek partition.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment in a regular first appeal, affirming a preliminary decree for partition passed by...

'Concealed Personal Interest': Rajasthan High Court Bars Litigant From Filing PILs In Future, Mulls Imposing ₹25 Lakh Costs

The Rajasthan High Court has come down heavily upon a petitioner who had filed a PIL over Highway weigh-bridges, after finding he had personal interest in the matter.A division bench of Justice Arun Monga and Justice Sunil Beniwal has now not only barred the petitioner from filing any PIL in future but has also issued him a notice, asking to show cause why proceedings shall not be...