Rajasthan High Court Raps State's Insensitive Approach In Denying Ex-Gratia To Constable's Widow, Orders Release Of ₹20 Lakh

The Rajasthan High Court quashed the State's order rejecting ex-gratia amount to an employee's illiterate widow, who was unaware of the welfare scheme and thus got delayed in applying for the same, opining that such rejection on technical grounds, despite admitted administrative delay, was a hyper-technical and insensitive approach.The bench of Justice Farjand Ali further observed that in...

Taking Cognisance Of Complaint By Unauthorised Person U/S 151 Electricity Act Vitiates Entire Trial: Bombay High Court

The Bombay High Court held that taking cognizance of an offence by a court based on a complaint lodged by an unauthorised person under Section 151 of the Electricity Act, 2003, goes to the root of the matter and cannot be treated as a mere irregularity. The Court ruled that when the law specifically designates the categories of persons competent to lodge a complaint, any cognizance taken on...

Income Tax | Bombay High Court Declines Interim Relief To Same Sex Couple Seeking Inclusion Under Term 'Spouse' For Tax Exemption

The Bombay High Court on Thursday refused to grant any interim relief to the same sex couple, which has challenged the constitutional validity of Section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on gifts between heterosexual couples.A division bench of Justices Burgess Colabawalla and Amit Jamsandekar heard the brief submissions of the petitioner Payio Ashiho and...

Dharmshala On Private Land Doesn't Make Property Charitable: Rajasthan High Court

The Rajasthan High Court has held that mere construction of a Dharamshala on a private land could not lead to a presumption that the property was allotted for charitable purposes, or had to be perpetually used for such objectives.The bench of Justice Rekha Borana made the above observations while allowing a petition filed by the legal heirs of a Trust that challenged the order of...

Delhi High Court Directs 'American Dream11' To Take Down Social Media Pages Infringing Dream11's Mark

The Delhi High Court has directed American Dream 11, a US-based fantasy gaming company, to take down or block all its social media pages and profiles that allegedly infringe the trademark Dream11 on platforms such as Facebook, X (formerly Twitter), LinkedIn, and Instagram.A single-judge bench of Justice Tejas Karia passed the order while hearing a plea filed by Sporta Technologies Pvt....

'Faulty, Needs To Be Read Down': Delhi High Court Questions Disciplinary Action Process Under BCI's Foreign Law Firms Rules

The Delhi High Court on Thursday questioned the process of disciplinary proceedings and imposition of penalties enumerated under the Bar Council of India's Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that prima facie, it is beyond comprehension, that in...

Ocular Evidence Corroborated By Medical Evidence Sufficient For Murder Conviction, Even If Motive Not Fully Established: Delhi High Court

The Delhi High Court has held that ocular evidence, duly corroborated by medical evidence, is sufficient for a murder conviction, even if the motive of the crime is not fully established.A division bench of Justices Prathiba M. Singh and Amit Sharma observed, “if there is sufficient evidence in the form of eye witness/es or otherwise to establish the guilt of the accused, then not proving...

Adult, Married Children Have No Right To Stay In Father's Self-Acquired Property Without His Consent: Rajasthan High Court

The Rajasthan High Court imposed exemplary cost of Rs. 1 lakh on a son, litigating against his father for legal rights of a coparcener in a property— which he very well knew was not part of the Hindu United Family or co-parcenery, but was purchased by the father in his own name.The bench of Justice Sudesh Bansal opined that a child resides on his father's property during his childhood by...

"Trend Of Invoking Criminal Process In Private Relationships Must Be Checked": Madras High Court Quashes False Promise To Marry Case Against Man

The Madras High Court recently quashed a case against a man for alleged rape on false promise to marry. While doing so, the court noted that the growing trend of invoking criminal process in private relationships must be checked. Justice B Pugalendhi noted that recently, there was an increase in complaints of rape under false promise to marry, where the relationship was...

Child Care Leave Not An Entitlement But Can't Be Denied Arbitrarily Or Mechanically: Delhi High Court

The Delhi High Court has observed that while child care leave (CCL) granted to women government employees is not an entitlement but the same cannot be denied arbitrarily or mechanically. “While it is correct that CCL is not an entitlement as of right, the discretion to deny cannot be exercised arbitrarily or mechanically. It must be guided by the object and spirit of the rule, which is...

'Better To Approach SC': Kerala High Court To State On Plea To Defer SIR; Reserves Order

The Kerala High Court today reserved its order on the State government's plea to defer the Special Intensive Revision (SIR) of electoral rolls in the State, ahead of elections to Local Self Government Institutions.During the hearing, Justice V.G. Arun orally expressed disinclination to hear the matter and asked the State to approach the Supreme Court, where similar matters are pending."I am...

Prescribing Maximum Age Of 65 Years For Fair Price Shop Dealers Not Unreasonable: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prescribing the maximum age of 65 years for a fair price shop dealer for the implementation of the Public Distribution System (Control) Order 2001 cannot be termed as unreasonable.The Court found that the impugned notification contained a provision allowing transfer of the licence to an eligible dependent, and therefore did not result...