Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HC

The Punjab & Haryana High has said that the "ordinary residence of a child" or a ward would determine which court would have jurisdiction to decide the child's custody under the Guardianship & Wards Act. It further underscored that the "ordinary residence" of the child would determine the court's jurisdiction which can hear the custody case, and the "natural guardianship" of the...

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The division bench of Justice Anand Pathak and Justice Hirdesh observed, "it appears from perusal...

Party Can't Bypass Sessions Court And Directly Move High Court In Revision Against Order Framing Charge, Court Already Flooded: Rajasthan HC

Remarking that the court is already flooded with several quashing petitions under Section 482 CrPC, the Rajasthan High Court observed that though both High Court and Sessions Court have concurrent jurisdiction to review orders, a party cannot bypass the Sessions court's revisional jurisdiction. Section 397, CrPC lays down the revisional powers of the High Court and the Sessions Court.The...

Delhi Riots: Tahir Hussain Moves Interim Bail Plea Before High Court To Participate In Upcoming Assembly Polls

Former Aam Aadmi Party Councillor Tahir Hussain on Friday moved the Delhi High Court seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party.The matter was listed today before Justice Amit Sharma who recused from hearing the case. The plea...

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates

The Gauhati High Court recently set aside detention and confirmation orders under NDPS Act against two detenues in judicial custody, on the ground that the orders lacked cogent materials based on which the Detaining Authority had reasons to believe that the detenues could be released on bail.The division bench comprising Justice Manish Choudhury and Justice Devashis Baruah...

No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC

While dismissing the plea filed by Shiv Sena (UBT) leader Sunil Modi, challenging the Governor's decision permitting the State government to withdraw 12 Member of Legislative Council's (MLC) nominations, the Bombay High Court observed that as no 'decision' was taken by the Governor on the earlier advice tendered by the Council of Ministers for nomination of 12 MLCs, no right was conferred on...

Concept Of 'Res Ipsa Loquitur' Is Merely An Aid For Evidence In Criminal Cases, Not Substantive Law: Kerala High Court

The Kerala High Court (on January 08) observed that the principle of res ipsa loquitur (accident speaks for itself) can be extended to criminal cases, only as an aid for assessment of evidence. The maxim does not embody any rule of substantive law nor a rule of evidence., said the Court.The Bench of Justice K Babu observed thus while acquitting an accused, convicted of rash and negligent...

After High Court Nudge, Centre Agrees To Free Kerala Govt Of ₹120 Crore Arrears For Immediate Use In Wayanad Rehabilitation

The Kerala HC on Friday (10th January) noted that the Centre Government by via a recent letter to the State has freed Rs. 120 Crore in the SDRF for utilization by the State. The Division Bench comprising of Justice A. K. Jayasankaran Nambiar and Justice Easwaran S. observed:"The Central Government essentially accepts the proposal that was mooted by us in our previous order and has agreed to...

[Makar Sankranti] Telangana HC Directs Implementation Of 2017 NGT Order Banning Use Of Chinese Manjha/Synthetic Thread For Kite Flying

The Telangana High Court on Friday directed the implementation of a 2017 order passed by the National Green Tribunal (NGT) which had directed all state governments across India to ban the use of Chinese Manjha/Synthetic thread used in kite flying.The court passed this order in a plea by the petitioner before the occasion of Makar Sankranti, stating that the use of synthetic thread in kite...

Rajasthan HC Slams State For Denying Mason Post To Man With Amputation In Non-Dominant Hand, Appointing Man With Amputation In Dominant Hand Instead

Rajasthan High Court allowed the petition filed by a candidate denied mason post for being declared medically unfit on account of amputated little finger of his left hand (non-dominant hand), as opposed to another candidate who was given the employment despite having amputation of finger in his dominant hand.While terming the approach of the State to be “lopsided on the very...

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that substantive objections concerning the validity and existence of an arbitration agreement can be adjudicated by the Arbitral Tribunal and not by the court under section 11 of the Arbitration Act. Brief Facts This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”)...

[O.39 R.3 CPC] Court Must Give Reasons For Granting Ad-Interim Injunction Without Notice To Opposite Party: Karnataka HC Reiterates

The Karnataka High Court has reiterated that before granting an ad-interim temporary injunction without notice to the opposite party, the trial court must assign reasons on whether the object of granting the injunction would be defeated by delay. Justice H P Sandesh, said, “The word used in Order 39 Rule 3 (Civil Procedure Code) is the court shall exercise the discretion and when the...