High Courts
'Nanad-Bhabhi' An Interesting Relation Of Our Society: Allahabad HC Quashes Extortion Complaint As Parties Settle Dispute
The Allahabad High Court recently quashed an extortion complaint filed by a woman against her brother's wife (Bhabhi), noting that the parties had come to an agreement and that no dispute remained between them. While doing so, Justice Saurabh Shyam Shamshery's bench also referred to the unique dynamics of the 'Nanad-Bhabhi' relationship in Indian society. The Court remarked that...
High Court Dismisses Plea Alleging Wards Divided Unevenly In Punjab, Says Right To Vote Not Affected If House Shifted From One Ward To Another
The Punjab & Haryana High Court has dismissed a plea challenging the Punjab Panchayat Elections proceedings which had taken place on October 15, on the ground that the wards have been divided unevenly on the basis of political considerations.A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma observed,"...members of the dwelling unit, may irrespective of house...
Assessee Entitled To Charge Depreciation On Purchase Of Goodwill: Delhi High Court
The Delhi High Court has made it clear that goodwill is not 'income' but rather 'expenditure' for acquisition of assets and therefore, an assessee is entitled to charge depreciation on the amount spent towards it.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma cited Commissioner of Income Tax, Kolkata v. Smifs Securities Ltd. (2012) whereby the Supreme Court had held...
Plaintiff's Right To Sue Accrues When They 'Actually' Perceive Threat To Their Title Over Property: Madhya Pradesh High Court
Dismissing a revision plea concerning a title suit over a motor garage, the Indore bench of the Madhya Pradesh High Court said that the defendant cannot contend that the plaintiffs' right to sue had accrued when their title was threatened, adding that period of limitation would begin when the plaintiffs actually perceive threat to their title. The court further affirmed that claim for...
Vehicle's Proximity To Accident, Not Its Motion Is Key In Determining Liability Under Motor Vehicles Act: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the determination of whether an accident has arisen from the use of a motor vehicle depends on whether the accident was reasonably proximate to the vehicle's use, irrespective of whether the vehicle was in motion.A bench of Justice Javed Iqbal Wani has emphasized that a restrictive interpretation of the term "use" would defeat the...
Pre-Arbitral Resolution Clauses Are Directory, Not Mandatory, Especially in Cases Requiring Urgent Adjudication: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held that any pre-condition in an arbitration agreement obliging one of the contracting parties to either exhaust the pre-arbitral amicable resolution avenues or to take recourse to Conciliation are directory and not mandatory. Additionally, the court held that the disputes between the parties require urgent adjudication, it would...
Stamp Act Not Enacted To Arm Litigant With “Weapon Of Technicality”: Delhi High Court
The Delhi High Court bench of Justice Manoj Jain has observed that “the Stamp Act is a fiscal measure enacted to secure revenue for the State on certain classes of instruments and it has not been enacted to arm a litigant with a weapon of technicality to counter and oppose the case of its adversary.” Brief Facts: The Petitioner had sought cancellation of a sale deed executed...
No 'Absolute Prohibition' To Consider Anticipatory Bail Plea Of Accused Facing Arrest Warrant/ Proclamation U/S 82 CrPC: Allahabad HC
The Allahabad High Court has observed that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused against whom a warrant of arrest or a proclamation under Section 82 CrPC has been issued. It added that the court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice. This ruling...
High Court Denies Bail To Shahrukh Pathan In Delhi Riots Case
The Delhi High Court on Tuesday denied bail to Shahrukh Pathan, the man who pointed a gun at a policeman during the 2020 North-East Delhi riots.Justice Dinesh Kumar Sharma dismissed the regular bail plea moved by Pathan in FIR 51 of 2020 registered at Jafrabad Police Station. Detailed order is awaited. The case relates to an incident wherein he was captured pointing a gun towards a...
Forcing Couple To Live Together After 7 Years Of Separation Would Itself Amount To Mental Cruelty: Punjab & Haryana High Court
The Punjab & Haryana High Court has granted divorce to a couple who were living separately for 7 years, observing that the marriage between the parties has become "unworkable" and has reached the stage of beyond repair and if the parties are called upon to stay together, it may lead to mental cruelty to both of them.Justice Sudhir Singh and Justice Jasjit Singh Bedi said, "...the parties,...
Kerala High Court Orders Enhanced Compensation For Lands Acquired For Construction Of Brahmapuram Waste Treatment Plant Phase II
The Kerala High Court has enhanced the compensation amount for land acquired by the state government for the construction of Brahmapuram Solid Waste and Treatment Plant Phase II.The Division Bench of Justice Amit Rawal and Justice Easwaran S has fixed a uniform rate of rupees 10 lakhs per are as enhanced compensation. “..the award of the Reference Court is hereby modified and the...
'Victim' Appears To Be A Consenting Party: Allahabad High Court Upholds Acquittal Of 4 In 2009 Rape Case
The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to the year 2009, as it concurred with the view of the trial court that the victim appeared to be a consenting party. A division bench comprising Justice Rajiv Gupta and Justice Ram Manohar Narayan Mishra noted that it is a settled principle that while exercising...