Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

Judgments/Orders:Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF ConstableCase Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA.Citation: 2024 LiveLaw (JKL) 175Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court upheld...

Calcutta High Court Orally Warns Woman Against Using Child To Get 'Leeway' In Matrimonial Dispute Against Husband

The Calcutta High Court has orally warned a mother from using her child as 'a handle' to get leeway in a pending matrimonial dispute against her husband.A division bench of Justices Sabyasachi Bhattacharya and Subhendu Samanta rebuked the counsel for the wife and stated that if she continued to use her child as "a pawn" in the proceedings, the court would grant custody to the father...

Afghanistani Woman, Her Sister Approach Bombay High Court Seeking Protection From Family After She Married Hindu Boy

Two Afghanistani national women, who are facing life threat from their families as one of them married a Hindu man from Haryana, have approached the Bombay High Court seeking police protection and also a direction to the authorities in Delhi close a criminal case lodged against them at the behest of their family members. A division bench of Justices Revati Mohite-Dere and Dr Neela...

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys,...

Husband's Inability To Develop Sexual Relations With Wife Is Generally Not Known To Even Nearest Relatives: Bombay High Court Quashes FIR

The Bombay High Court recently quashed a First Information Report (FIR) lodged against two maternal uncles and aunts of a man at the behest of his wife, on the ground that they got him married to the complainant woman, despite knowing that he could not develop physical relations with any woman.A division bench of Justices Ravindra Ghuge and Rajesh Patil said whether a husband suffers from such...

Rape Survivor Faces Dual Crises, Crime Wounds Her Dignity & Trial Forces Her To Relive Traumatic Experience: Allahabad HC

The Allahabad High Court has observed that a woman who is raped undergoes two crises- the commission of a crime, where her dignity is wounded and her sense of security is destroyed and the subsequent trial, where she is forced to relive the traumatic experience. “It is often stated that a woman who is raped undergoes two crises- the rape and the subsequent trial. While...

Complainant Is Entitled To Her Own Section 164 CrPC Statement To Prefer A Protest Petition: Kerala High Court

The Kerala High Court has recently said that a complainant can seek her a copy of her own statement recorded under Section 164 CrPC in order to prefer a protest petition. The petitioner was the complainant in a case which was investigated by the CBCID. The CBCID filed a refer report/ final report in December 2023 (Ext P3) stating that the offence alleged has not been made out and requested...

Structural, Phonetic Similarity: Delhi High Court Grants Relief To 'INDI' Measuring Tapes Manufacturer Against 'INDEED' Mark

The Delhi High Court has made a temporary injunction absolute in favour of the measuring tapes manufacturer, FMI Limited, against passing off of its 'INDI' tapes by a business dealing in identical goods.The plaintiff FMI Limited, submitted that it is the largest manufacturer of measuring tapes, spirit levels measuring wheels in the Indian sub-continent and also that is well-established in over...

Whether Local Commissioner Appointed By Court Is Witness Of Any Party? Punjab & Haryana High Court Explains

The Punjab and Haryana High Court has made it clear that Local Commissioner is not a witness of any party and the discretion lies with the Executing Court to permit or refuse to examine the Commissioner.Justice Deepak Gupta said "the Local Commissioner appointed by the Court is not a witness for any of the party. In fact, he performs his duty as an extended arm of the court and thus to all...

NEET Spot Counselling Is Continuation Of Process To Fill Seats, Prospectus Conditions Applicable: Rajasthan High Court

Rajasthan High Court dismissed the petition filed against AIIMS, Jodhpur challenging the demand for a deposit of Rs. 5,00,000 from the petitioner who took admission pursuant to spot counselling in the college but then chose to vacate the seat mid semester.The bench of Justice Vinit Kumar Mathur observed that the condition of depositing the amount in the event of vacating the seat mid-semester...

Punjab & Haryana HC Directs MEA To Expedite Transit Of Indian Citizen's Mortal Remains Who Died In International Waters About A Month Ago

The Punjab and Haryana High Court has directed the Union Government to ensure expeditious transit of the mortal remains of an Indian citizen, who allegedly passed away under “suspicious circumstances” in international waters, while the ship was 250 miles away from Brazilian Coast.Justice Kuldeep Tiwari said, “Since the instant matter pertains to the death of an Indian citizen outside...

Woman Passenger Harassed: Karnataka High Court To Hear Ola's Appeal Against Compensation, PoSH Enquiry On March 17

The Karnataka High Court will hear on March 17, the appeal preferred by ANI Technologies, which owns and operates OLA Cabs, challenging a single judge order which directed the company to pay Rs. 5 lakh compensation to a woman harassed by their driver, during a trip in 2019.Apart from ordering compensation, the single judge Justice MGS Kamal had last year also held that the driver would...