Calcutta High Court Acquits Man In Rape Case, Says Complaint Filed “Out Of Grudge” After Breakdown Of Relationship

The Calcutta High Court has set aside the conviction of a man found guilty of rape in 2008, holding that the prosecution's case suffered from contradictions, material omissions and lack of corroboration — especially the complainant's admission that she subsequently married the accused and lived with him as his wife.Justice Chaitali Chatterjee Das, deciding the criminal appeal in CRA 76 of...

Section 144 BNSS | Daughter-In-Law Not Legally Obligated To Maintain Parents-In-Law : Allahabad High Court

The Allahabad High Court has observed that a daughter-in-law is not legally obligated to maintain her parents-in-law under the statutory provision of Section 125 CrPC or Section 144 BNSS. Observing that the right to claim maintenance under Section 144 BNSS is a statutory right and is confined only to the categories of persons expressly mentioned therein, a bench of Justice Madan...

[Disabilities Act] Disabled Employee Shifted To New Cadre Cannot Claim Seniority Based On Previous Service: Bombay High Court

The Bombay High Court has held that a disabled employee who is shifted to another post or cadre under Section 47 of the Disabilities Act cannot claim seniority in the new cadre based on past service in the previous post. The Court observed that while the statute protects continuity of pay and service benefits, it does not permit disturbance of the existing seniority of employees already...

Sikkim High Court Sets Aside Interim Compensation For Alleged Railway Work Damage; Notes No Such Relief Was Sought

The Sikkim High Court has set aside an interim relief providing compensation to a landholder whose house was allegedly damaged due to the railway works, observing that the compensation can be granted by way of interim relief in exceptional cases where there is an immediate threat to the life of a citizen and no other means are available to safeguard their life and liberty. The division bench...

“Withdrawal With Liberty To File Afresh Doesn't Permit New Reliefs": Bombay High Court Rejects Plaint

The Bombay High Court has held that where a plaintiff withdraws a suit with liberty to file a fresh suit on the same cause of action, he cannot seek additional reliefs in the subsequent suit unless specific liberty to claim such reliefs was obtained. The Court observed that omission to claim available reliefs in the earlier suit attracts the bar under Order II Rule 2 and Order XXIII Rule 1(4)...

CPC | Amendment Can't Be Used To Retract Admissions Conferring Rights On Opposite Party: Delhi High Court

The Delhi High Court has held that an amendment of pleadings cannot be permitted to retract clear admissions that confer valuable rights on the opposite party, thereby setting aside an order which had allowed a defendant to substantially alter his written statement after more than four years.A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar observed,“While the power of...

“Detention Based On Vague Suspicion Violates Article 21": J&K&L High Court Strikes Down Detention Order Against 19-Yr-Old Student

The High Court of Jammu & Kashmir and Ladakh held that personal liberty guaranteed under Article 21 of the Constitution cannot be reduced to a fragile right vulnerable to executive action based on unfounded or illusory suspicion. It clarified that preventive detention cannot be invoked on hollow material and that deprivation of liberty, particularly of a young person, must be supported...

Brother Cultivating Widowed Sister's Land Is 'Family Member', Not 'Deemed Tenant' Under Maharashtra Tenancy Act: High Court

The Bombay High Court has held that where a brother cultivates agricultural land belonging to his widowed sister, such cultivation would fall within the category of a “family member” and not give rise to a deemed tenancy under Section 4 of the Maharashtra Tenancy and Agricultural Lands Act. The Court observed that permissive cultivation by a close family member, particularly in the context...

"No Compensation Without Proof Of Bona Fide Travel": Delhi HC Dismisses Claim Despite Amputation Of Both Hands After Train Accident

The Delhi High Court has upheld the rejection of a railway accident compensation claim, holding that even the grievous injury of losing both hands cannot substitute proof of an “untoward incident” under the Railways Act, 1989.Justice Manoj Kumar Ohri dismissed an appeal filed against the order of the Railway Claims Tribunal, which had denied compensation to the claimant who...

Rape Conviction Cannot Rest On Suspicion; Chain Of Custody Defects Undermine Forensic Evidence: Uttarakhand High Court

The Uttarakhand High Court held that “a conviction must rest on legally proved evidence and not suspicion, however strong”, and that in the absence of a duly established chain of custody, forensic evidence loses its evidentiary value and cannot be treated as conclusive. Applying this principle, the Court set aside the convictions of the appellants-accused for offences under Sections...

No Deemed Continuity Of Expired Driving Licence After 2019 MV Act Amendment: Delhi High Court

The Delhi High Court has clarified that there is no deemed continuity of a driving licence after its expiry under the Motor Vehicles (Amendment) Act, 2019, and that a licence holder becomes legally incompetent to drive from the very next day of expiry unless the licence is renewed.A Division Bench of Justices Navin Chawla and Madhu Jain made the observation while allowing a writ petition filed...

Ex-Gratia Payments Last Hope Of Dependents; Rules Must Be Considered Liberally: MP High Court

The Madhya Pradesh High Court has directed the Central Madhya Pradesh Gramin Bank to pay the wife of the deceased employee ₹ 7 Lakh, observing that such payments represent the dependent's last hope and therefore must be considered with liberal, rather than strict, interpretation of the rules. The bench of Justice Anand Singh Bahrawat observed; "Ex gratia payment is a last hope of the...