High Courts
Confession Made To Police Can't Be Used Against Co-Accused Without Independent Evidence: Kerala High Court Acquits Man In Theft Case
The Kerala High Court has reiterated that a confession made to the police by one accused cannot be used to convict a co-accused in the absence of an independent incriminating evidence.Justice M B Snehalatha was delivering a judgment in a criminal revision petition filed by the second accused in a theft case. The petitioner challenged the conviction and sentence for the offence punishable...
Right Of Land Losers To Rehabilitation & Employment Flows From Article 21; Arbitrary Denial Violates Articles 14, 15, 21: Chhattisgarh High Court
The Chhattisgarh High Court has held that the right of land losers— to acquire rehabilitation and employment— is a logical corollary of Article 21, and denial of such a benefit is violative of Articles 14, 15 and 21 of the Constitution.In this regard, Justice Arvind Kumar Verma explained,“Right of the land losers to get employment as per the rehabilitation policy is extremely...
Judgment Debtor Can't Be Sent To Civil Prison For Wilful Disobedience Of Decree Without Notice Or Hearing: Bombay High Court
The Bombay High Court recently quashed and set aside an order passed by a Civil Court in Nanded, which imposed a punishment of one month civil prison on four members of a family for failing to abide by a decree passed against them. Sitting at Aurangabad, single-judge Justice Siddheshwar Thombre quashed and set aside an order passed on April 18, 2023 against Purbha and Damu Dhutde and...
Delhi High Court Rejects Sameer Wankhede's Defamation Suit Against Netflix Series 'Ba***ds of Bollywood'
The Delhi High Court on Thursday rejected the suit filed by IRS officer Sameer Wankhede over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan. Justice Purushaindra Kumar Kaurav refused to entertain the suit on grounds of jurisdiction and returned the plaint to Wankhede in order to approach the court of competent jurisdiction.“The...
Court Employee Can't Pursue LLB As Regular Student In Violation Of Service Rules: Chhattisgarh High Court
The Chhattisgarh High Court has set aside a single judge order permitting a probationary employee (Respondent-1) of the Principal District and Session Court to attend his third-year of LLB course as a regular student, holding that such permission has direct implications on administrative discipline, office functioning, and statutory compliance.In September 2022, Respondent-1 was appointed as...
S.138 NI Act | Only Payee Or Holder In Due Course Can File Complaint; 3rd Party Lacks Locus Even If Transaction Affects Him: Allahabad HC
The Allahabad High Court on Wednesday clarified that a complaint under Section 138 of the Negotiable Instruments Act, 1881, is not maintainable by a third party even if the transaction affects him and that the same must be filed either by the payee or the holder in due course of the cheque. The bench of Justice Samit Gopal added that an authorised representative of the payee or holder...
Karnataka High Court Allows Mother To Approach MEA For OCI Card To Enable Aadhaar For US-Born Child
The Karnataka High Court on Wednesday (January 28) permitted a woman to file an application with Ministry of External Affairs for issuing an OCI card for her USA born son–residing presently in India–which would be a required document for issuing an Aadhaar card in her son's favour. The court was hearing the minor boy's plea–represented by his mother–seeking a direction to the...
Poverty Can't Defeat Liberty: Rajasthan High Court Recalls ₹1 Lakh Deposit Condition, Orders Release Of NDPS Convict
The Rajasthan High Court has recalled the monetary condition imposed on the release of the applicant, an NDPS convict, owing to which he was not able to get out of jail, despite being released from prison on bail after around 8 years, and directed the trial court to release him. The bench of Justice Anoop Kumar Dhand held that poverty and penalty should not hinder the right to life and...
Non-Disclosure Of Prior Live-In Relationship Amounts To 'Fraud' U/S 12(1)(c) Of Hindu Marriage Act: Jharkhand High Court
The Jharkhand High Court has held that the non-disclosure of a prior live-in relationship before marriage constitutes fraud as to a material fact under Section 12(1)(c) of the Hindu Marriage Act, 1955. The Court emphasised that while Hindu marriage is a sacrament and not a contract, the concealment of such a relationship to obtain consent renders the marriage voidable and liable to be annulled...
Probationers Are 'Workmen' Under Industrial Disputes Act; S. 17B Wages Non-Recoverable Even If Termination Upheld: Delhi High Court
The Delhi High Court has held that while a probationary employee falls within the definition of a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947, the termination of a probationer without a full-scale formal departmental inquiry is legally valid if the order is one of termination simpliciter and non-stigmatic.A Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia...
High Courts Shouldn't Issue Routine Directions For Early Disposal Of Cases, Must Consider Urgency Involved: Madras High Court
The Madras High Court recently observed that higher courts should not mechanically issue directions to the authorities for early disposal of petitions and should consider the urgency required in each cases. “Therefore, the High Court, while issuing a direction to dispose of the cases by the District Courts, statutory Authorities, etc. has to take into consideration the...
Relationship No License To Exploit Partner's Dignity: Jharkhand HC Denies Anticipatory Bail To Man Accused Of Sending Obscene Content To Employer
The Jharkhand High Court has rejected an anticipatory bail application filed by a man accused of creating fake email and social media accounts to circulate defamatory and obscene content of a woman with whom he was allegedly in a consensual extra-marital relationship.The Court observed that even if a relationship exists, it cannot be termed as a "friendship simpliciter" if one party exploits...