Magistrate Cannot Direct Secured Creditor To Bear Police Expenses While Taking Possession Of Secured Asset: Rajasthan High Court

The Rajasthan High Court at Jaipur has recently ruled that a Magistrate cannot direct a secured creditor to deposit expenses for police assistance while taking possession of a secured asset under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). A single-judge bench of Justice Ashutosh Kumar made the...

Karnataka High Court Closes PIL For Banning Websites, Apps Showing Nudity & Pornography In View Of Pending Pleas Before Supreme Court

The Karnataka High Court on Tuesday (November 4) disposed of a public interest litigation seeking directions to the Central Government to ban certain websites and applications (Apps) allegedly displaying nudity and pornography.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha disposed of the petition filed by the Legal Attorneys and Barristers Law Firm, after it was...

Court Can't Allow Intervenors Sans Reason, Plaintiff Can't Be Forced To Implead Party Against Whom No Relief Is Sought: Orissa High Court

The Orissa High Court has reiterated that plaintiff being the 'dominus litis' cannot be compelled to implead someone, against whom he seeks no relief, as a defendant in his suit. The Bench of Justice Sashikanta Mishra, however, clarified that if the plaintiff chooses not to add someone as defendant, he does so at his own risk. In the words of the Court –“Court below has not cited any...

Delhi High Court Upholds JNU's Rule Allowing Cross Constituency Voting In Internal Complaints Committee Polls

The Delhi High Court has upheld Jawaharlal Nehru University's decision permitting students to vote across all constituencies- undergraduate, postgraduate and research scholar, in elections for student representatives to the Internal Committee (IC) dealing with sexual-harassment matters. Justice Mini Pushkarna said that election disputes require clear, cogent and credible evidence of illegality...

Bihar Assembly Polls | Patna High Court Rejects Writ Pleas Of RJD & RLJP Candidates Challenging Rejection Of Their Nominations

The Patna High Court has refused to entertain two writ petitions filed challenging the rejection of nomination of two candidates belonging to Rashtriya Janata Dal and Lok Janshakti Party respectively in the upcoming Bihar Legislative Assembly Polls, scheduled on November 06 and 11.rJustice A Abhishek Reddy cited the specific bar under Article 329(b) of the Constitution of India and...

Section 498A IPC Applicable Even If Marriage Is Declared Invalid Subsequently: Delhi High Court

The Delhi High Court yesterday ruled that Section 498A of Indian Penal Code, 1860, which criminalises cruelty by a husband or his relatives toward a married woman, will be applicable even if marriage between the parties is subsequently declared invalid. “Considering the purposive interpretation of the definition of the Husband to cover persons who enter into marital relationships, even if...

Karnataka High Court Reserves Verdict On State's Appeal Challenging Stay Of GO Restricting Gatherings In Public Places

The Karnataka High Court on Tuesday (November 4) reserved its verdict on State government's appeal challenging single judge's interim order staying the Home Department's GO prohibiting gathering of ten or more persons for peaceful civic, social, or cultural activities in public places. On October 28 the single judge while staying the GO had remarked that it prima facie infringed...

State Can't Claim Financial Incapacity To Withhold Gratuity, Not Giving Benefits To Retired Employees Violates Article 21: AP High Court

The Andhra Pradesh High Court has held that financial incapacity cannot be used as a defence by the State institutions for non-fulfilment of statutory obligation to provide terminal benefits to its employees, and shirking of the responsibility to release the same amounts to violation of Article 21 of the Constitution.The Court was dealing with a case where terminal benefits were denied to...

Marriage Doesn't Entitle Men To Unquestioned Authority Over Wife, Woman's Endurance Shouldn't Be Mistaken For Consent: Madras High Court

The Madras High Court recently set aside the acquittal of an octogenarian man for an offence under Section 498A (cruelty towards wife) of the IPC. While doing so, Justice L Victoria Gowri remarked that men must understand that marriage does not give them unquestioned authority over the wife and that the comfort, safety and dignity of their wives is not a secondary duty but an obligation...

Passport Can Be Issued Only For 1 Year If Court Permitting Travel Abroad Doesn't Specify Duration : Allahabad High Court

The Allahabad High Court has recently observed that if a competent criminal court grants a No Objection Certificate (NOC) or permission to travel abroad without specifying the duration for which the passport may be issued, the passport authority is justified in granting a passport valid for only one year. A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed...

Judges Must Uphold Law, Not Fear Backlash: Madras High Court While Restoring License Of Hospital Allegedly Involved In Kidney Racket

The Madras High Court recently set aside an order of the Directorate of Medical and Rural Health Services, cancelling the license of Cethar Hospital in Tiruchirappalli for its alleged involvement in a kidney racket, without following due procedure. When the Additional Advocate General submitted that the public would not be welcoming of such a development and might view it...

What Exactly Is Meant By 'Love Jihad'?: Kerala High Court Asks While Hearing Objections To Movie 'Haal'

While hearing the objections to Shane-Nigam starrer movie 'Haal' on Monday (October 3), the Kerala High Court asked what exactly was meant by the expression 'Love Jihad'.Justice V.G. Arun orally asked, “What exactly is meant by the expression 'Love Jihad'? Why is it called 'Jihad' when it comes to one particular (religion)...”The term was used in the counter affidavit filed by the...