'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC

Dismissing a contempt plea, the Kerala High Court observed that it would be too far fetched to hold that contempt of court proceedings can be initiated on the ground that a particular authority failed to follow a binding precedent.The court was hearing a contempt plea alleging that despite series of judgments of the High Court, the respondent Sub Registrar Thrissur refused to register a...

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court

The Kerala High Court while reversing a decision of the Family Court granting compensation to the husband for his wife's alleged adulterous behaviour observed that India like many other jurisdictions does not recognize adultery as a ground for claiming damages. The Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha observed that Indian law does not recognize marriage as...

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court

Shedding light on the on the scope of judicial discretion under Order 14 Rule 5(1) and (2) of the CPC, the Jammu and Kashmir and Ladakh High Court has reiterated that courts have the authority to amend, add, or strike out issues at any stage of a suit before a decree is passed.However a bench of Justice Javed Iqbal Wani clarified that the exercise of such power necessitates giving parties...

Triple Talaq By E-mail Is Mental Torture; Husband's Unilateral Power To Inflict Instant Divorce Is Unacceptable: Patna High Court

The Patna High Court has recently observed that the view that a Muslim husband enjoys an arbitrary and unilateral power of inflicting instant divorce is not acceptable and that giving divorce to a Muslim wife by simply sending an e-mail to her amounts to a form of mental torture. Rejecting a plea to quash dowry and mental torture charges against a husband, a bench of Justice...

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay

The Kerala High Court today granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him with 17 years delay, after publication of the Justice Hema Committee Report.The single bench of Justice P V Kunhikrishnan while granting the relief observed that men also have the right to dignity, not just women. While dictating the order in open Court, the...

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13(1)(a) of the 1955 Act. “Where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation (as in...

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of...

[IBC] Telangana HC Quashes Proceedings Against Ex-Director Of Company, Says IRP Had Already Taken Charge When Complaint Was Filed

The High Court of Telangana has delivered an important decision on the issue regarding criminal liability of Directors and corporate governance. In quashing the proceedings initiated against the petitioner (former Director of a pharmaceutical company), Justice K Sujana held that the petitioner could not be held responsible for alleged violations by the accused-company since he had...

'Petitioner's Voluntary Retirement Could Not Be Cancelled After Being Accepted By Respondents Once', Delhi High Court

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that the Petitioner's voluntary retirement could not have been cancelled after it was accepted in the first place. The Bench held that the Respondents could at their best have rejected his application for postponement of the date of his voluntary retirement but cancelling the...

Lulu International Malls Assures Bombay High Court It Will Not Play Copyright Songs On Its Premises

The Lulu International Shopping Malls, recently assured the Bombay High Court that henceforth it will not use sound recordings or songs owned by the Phonograhic Performance Limited (PPL) without obtaining a valid licence from it.Single-judge Justice Riyaz Chagla accepted the statement made by the mall. "Defendant No.1, on instructions, states that it shall in respect of events of any kind...

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. The bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the same would be impermissible, especially in a case where statutory appeal was available to the...

[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High Court

The Karnataka High Court recently quashed an order passed by the Assistant Commissioner, Hassan made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cancelling the gift deed executed by an aged father in favour of his children. The order came to be passed on the petition filed by a Bank from whom the children had taken a loan by mortgaging...