Dancing In Pub Or Wearing Revealing Clothes Doesn't Make Woman 'Bad': Karnataka High Court In Dowry Case

While hearing an amendment application to a quashing plea arising from a dowry harassment case, the Karnataka High Court verbally questioned the husband's attempt to bring on record certain documents regarding the estranged wife's past life and her lifestyle.The single judge bench of Justice M. Nagaprasanna opined that a woman who lives a fast-paced life need not necessarily be a difficult...

Interim Maintenance Under Section 125 CrPC Must Ordinarily Be Granted From Date Of Application: Delhi High Court

The Delhi High Court has reiterated that interim maintenance under Section 125 CrPC should ordinarily be awarded from the date of filing of the application, and not from a later date, unless the court records cogent reasons for deviating from the general rule.Justice Dr. Swarana Kanta Sharma observed, “Where a wife and minor children approach the Court alleging neglect and refusal to...

Pujari Does Not Qualify As 'Workman', Temple Trust Not Industry Under Industrial Disputes Act: Gujarat High Court

The Gujarat High Court has recently held that a temple priest/pujari would not qualify as 'workman' under the definition of Industrial Disputes Act as a pujari in a Temple does not do manual, unskilled, skilled, technical, operational, clerical or supervisory work. The court further held that a trust managing a temple cannot be considered as an Industry under the act merely because the...

'For Protecting Devotees' Sentiments, They Attempted To Give Away God': Madras HC On State Giving Sand Dunes To School In Exchange For Temple Land

The Madras High Court recently directed the Tamil Nadu government to allot land to St.Josephs Matriculation Higher Secondary School in Cuddalore District in exchange for the land that the school had returned to a temple. Noting that the land initially allotted for the school was sand dunes, Justice Bharatha Chakravarthy noted that the state had acted recklessly and given away sand...

Fee Fixation Panel Should Interfere Only When Fee Shocks Conscience; Cannot Micromanage Every Private School: J&K&L High Court

The Jammu and Kashmir High Court has held that the Fee Fixation and Regulation Committee (FFRC) is not expected to undertake an exhaustive scrutiny of the fee structure of every private educational institution and should ordinarily interfere only where the proposed fee structure shocks its conscience or indicates clear commercialisation or profiteering.Dealing with a challenge to...

Power Company Can't Claim Negligence By Deceased Who Died After Coming In Contact With Hanging Live Wire: Gujarat High Court

The Gujarat High Court dismissed an appeal by power company Paschim Gujarat Vij Co Ltd challenging trial court order granting compensation to the kin of a man who died on spot after coming in contact with a live wire while he was walking over a lake embankment. In doing so the court held that the company cant claim negligence by the deceased specially when its own live wires were hanging...

Spurious Liquor Death: Punjab & Haryana High Court Refuses Bail To Man Accused Of Supplying ENA, Orders Expeditious Trial

Observing that refusal of bail in serious offences must be balanced with the constitutional mandate of speedy trial, the Punjab and Haryana High Court held that where bail cannot be granted despite prolonged custody, courts must ensure expeditious conclusion of trial to prevent a “travesty of justice.”The court was dealing with a case involving an accused who had allegedly supplied...

Retention Of Property By State After Lease Expiry Violates Article 300A: Calcutta High Court Upholds Eviction, Imposes 50K Cost

The Calcutta High Court has held that the State cannot continue to occupy private property once the lease has expired and the requisition order has been quashed, observing that such continued occupation would amount to an illegal deprivation of property.The Court further imposed personal costs of ₹50,000 on the Director of the concerned State Directorate for resisting compliance with...

Calcutta High Court Sets Aside Bank Employee's Dismissal For Alleged ₹38 Lakh Pension Fraud, Says Authority's Findings Based On No Evidence

The Calcutta High Court has set aside the dismissal of a bank employee accused of involvement in an alleged pension account fraud of ₹38.67 lakh, holding that the disciplinary authority's finding of misappropriation was based on no evidence and mere conjectures.Justice Partha Sarathi Chatterjee observed that even in a departmental proceeding, the conclusion of guilt must be supported by...

Mere Allegation Of Being Involved In “Day-To-Day Activities” Of Company Insufficient To Attract Liability U/S 138 NI Act: Delhi High Court

The Delhi High Court has held that a mere allegation that a person was involved in the “day-to-day business activities” of a company is not sufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act (NI Act) in cheque dishonour cases.Justice Dr. Swarana Kanta Sharma made the observation while quashing criminal proceedings initiated against a man who had...

Mutation Attested In Violation Of Agrarian Reforms Act Procedure Can Be Examined In Revision: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where mutation proceedings under the Agrarian Reforms Act are conducted in violation of the statutory procedure governing their attestation, the revisional authority is competent to exercise jurisdiction and examine the legality of such mutations. The Court added that attestation of mutations contrary to the prescribed...

Senior Advocate Kirti Uppal Raises Concerns Over Arvind Kejriwal's Letter Seeking Transfer Of Excise Policy Case From Sitting Judge

Senior Advocate Kirti Uppal has written to the Chief Justice of the Delhi High Court raising serious concern over a recent letter written by AAP chief Arvind Kejriwal seeking transfer of CBI's excise policy case from Justice Swarana Kanta Sharma to another bench.Uppal has termed the move as an attempt to undermine the independence of the judiciary by publicly imputing bias to a sitting judge...