Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce...

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out

The Jharkhand High Court quashed a preventive detention order issued under Jharkhand Control of Crimes Act against a man by the District Magistrate-cum-Deputy Commissioner, East Singhbhum based on certain station diary entries, while questioning the State as to what prevented it to first lodge an FIR. The court pointed out that Station Diary Entries or Sanhas cannot be a ground for keeping...

Once Selection Process Culminates Into Document Verification, It Shouldn't Be Cancelled Citing Technical Infirmity: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court has held that once any selection process for a job post is culminated into the process of document verification after selection of candidates, it should not be cancelled citing technical infirmities in the original advertisement.Justice Subodh Abhyankar observed, “…the Government vacancies are already hard to come by, and even if they...

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC). The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal...

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Justice Subhash Chand observed, “The deceased was a Professor in Baldeo Sahu Degree College, Lohardaga, and was Head of Department of Philosophy. He was getting the salary along with...

Madras High Court Annual Digest 2024: Part II [Citation 251 to 492]

Citations: 2024 LiveLaw (Mad) 251 to 2024 LiveLaw (Mad) 492 REPORTS Employee Cannot Be Penalised For Appointing Authority's Failure To Follow Communal Rotation Guidelines: Madras High Court Case Title: R Sasikumar v The State of Tamil Nadu Citation: 2024 LiveLaw (Mad) 251 The Madras High Court recently set aside the order cancelling the appointment of a Jeep Driver who...

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC

In relation to commercial disputes, the Delhi High Court has observed that the Commercial Courts Act, 2015 does not prevent the application of Order 8 Rule 9 CPC for filing additional written statement after the expiry of 120 days for filing the written statements. Justice Mini Pushkarna said, “There is nothing in the Commercial Courts Act, 2015 to suggest that the provisions of Rule 9 of...

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife. Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.Thus, in setting aside the order for interim maintenance...

Gujarat High Court Continues Temporary Restoration Of Senior Advocate Designation Of Yatin Oza For Six More Months Effective January 1

The Gujarat High Court, in a notification earlier this month, has resolved to extend the temporary restoration of Yatin Narendrabhai Oza's designation as Senior Advocate for an additional six months, effective from January 1, 2025. This decision follows the judgment of the Supreme Court in Writ Petition (Civil) No. 734/2020, delivered on October 28, 2021, in the case of Yatin Narendra Oza...

Surplus Temple Funds Cannot Be Used For Constructing Shopping Complexes: Madras High Court Restrains HR&CE

The Madras High Court recently restrained the Hindu Religious and Charitable Endowment Department from constructing a shopping complex in a land belong to the Arulmighu Nandeeswaram Thirukoil using the surplus temple fund. Commenting that temples should be kept out of litigation as much as possible, the bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed...

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition.The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against the order of...

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

The Telangana high court on Wednesday (January 8) reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137(2) of the BNS.Section 137(2) BNS states that whoever kidnaps any person from India or from lawful guardianship shall be punished...