High Courts
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...
Mere Taunts, Family Friction In Ordinary Marital Life Not Cruelty: Delhi High Court
The Delhi High Court has observed that mere taunts, casual references and general family friction occurring in ordinary wear and tear of marital life is not sufficient to constitute the offence of cruelty. Justice Amit Mahajan noted that there is a growing tendency to rope in even distant relatives of husbands, who do not even reside at the matrimonial house, even in the dearth of evidence....
Compromise Can't Wipe Out Criminal Liability In Cheating Case Involving Public Trust: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that a compromise between the parties cannot extinguish criminal liability in cases of cheating involving public trust, observing that such offences transcend the realm of private disputes and strike at the integrity of public institutions.The petitioner was accused for defrauding the complainant of ₹4.5 lakh by promising government...
Justice Sandeep Bhatt Sworn-In As Judge Of Madhya Pradesh High Court
Justice Sandeep N Bhatt was sworn-in as a judge of Madhya Pradesh High Court on Tuesday (November 4).Chief Justice Sanjeev Sachdeva administered the oath to Justice Bhatt. Justice Bhatt's transfer from the Gujarat High Court was notified by the Central Government through a notification dated October 14. The Supreme Court collegium had in August recommended the transfer of 14 judges across...
'Few Battles Won But Can't Rest Yet': Kerala High Court Directs District Collector's Committee To Oversee Canal & Drainage System In Kochi
The Kerala High Court has vacated its earlier judgment in the writ petition relating to the upkeep of Perandoor Canal, to direct the District Collector's Committee to oversee the City's Canal and Drainage system instead of the 'High Level Committee'.Justice Devan Ramachandran, in his earlier judgment dated 27 August had directed the High Level Committee constituted by the Court to oversee...
Family Property Dispute Can't Be Settled Under Maintenance Of Parents And Senior Citizen Act: Punjab & Haryana High Court
The Punjab and Haryana High Court has observed that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act) cannot be used to settle family property disputes by seeking maintenance or cancellation of property transfers.Justice Kuldeep Tiwari dismissed a petition filed by a senior citizen under Section 23 of the Act, seeking cancellation of a transfer deed executed in...