High Courts
Family Courts Must Recognise Valid Divorce Under Muslim Law: Rajasthan High Court Lays Guidelines To Recognize Extra-Judicial Divorces
The Rajashtan High Court has held that Family Courts are bound to recognize and declare dissolution of marriage, where a valid divorce had already taken place under Muslim Personal Law through 'Talaq-ul-Hasan' or 'Mubarat', and such relief could not be denied on "hyper-technical fronts".Considering the submissions by counsel for the parties that petitions seeking dissolution of marriage...
'Not Litigant's Duty To Act As Watchdog Over Advocate': MP High Court Recalls Ex-Parte Order Passed After Counsel's Non-Appearance
The Madhya Pradesh High Court allowed an application seeking rehearing of a second appeal on the grounds that the advocate abruptly stopped appearing in the matter and failed to inform the litigants regarding subsequent listings or his continued absence. The bench of Justice Pavan Kumar Dwivedi emphasized that when a litigant engages an advocate to represent him, then the former operates on...
Single Blunt Blow Causing Grievous Injury Not Attempt To Murder Without Homicidal Intent: Rajasthan High Court
The Rajasthan High Court has ruled that a single blow on head with a blunt object resulting in grievous injury does not quality as an attempt to murder in absence of repeated blows with such ferocity that reflect a deliberate design to extinguish life, since mens rea of a homicidal degree is sine qua non for the offence of attempt to murder. The bench of Justice Farjand Ali further observed...
Bombay High Court Deprecates Practise Of Litigants Blaming Advocates For Delay In Proceedings Without Material
The Bombay High Court while refusing to condone the delay of 203 days in filing a first appeal challenging a trial court's order, deprecated the practice of litigants blaming advocates for the delay without making the said advocate a party and without initiating any action against the said lawyer. Single-judge Justice Jitendra Jain noted while hearing a civil application seeking to condone...
Tribunal Can't Direct Reinstatement Without Considering Pending Criminal Matters: Delhi High Court
A Division Bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that even if dismissal is set aside in departmental proceedings, reinstatement and service benefits must be decided by the competent authority after considering the employee's subsequent criminal conviction on a different charge. Background Facts The respondent was a Constable in...
S.413 BNSS | Victim Can Appeal Against Acquittal Before Competent Forum Without Leave Of Court: Kerala High Court
The Kerala High Court has held that a victim whether they are complainant or not has a statutory right of appeal against acquittal of accused without seeking leave of the High Court, however such appeal must be filed before the appropriate Court. Justice A. Badharudeen was considering a woman's appeal under Section 413 BNSS challenging the acquittal of a man who was accused of offences under...
Procedural Lapses Not “Sufficient Cause": Punjab & Haryana High Court Refuses To Condone 597-Day Delay By State In Filing Appeal
The Punjab and Haryana High Court has dismissed an application filed by the Punjab Government seeking condonation of a 597-day delay in filing an appeal against a judgment passed by the Trial Court, holding that the delay was inordinate, unexplained, and devoid of bona fides.Justice Sumeet Goel said, "The applicant-State has failed to provide any concrete explanation or documentary proof...
POSH Act | Once Allegation Not Proved, No Action Can Follow: Bombay High Court Quashes Reprimand For Videographing Colleagues
The Bombay High Court last week, came to the rescue of an employee of National Bank for Agriculture and Rural Development (NABARD), who challenged the penalty of 'Reprimand' imposed on him by the Central Complaints Committee (CCC) for 'video recording' his female colleagues who often 'disturbed' the working hours by 'sitting together, giggling, gossiping and singing.'A division bench of...
'Meant To Strike Terror': Bombay High Court Denies Bail To Vet Accused In Amravati Murder Over Nupur Sharma Post
While denying bail to one of the prime accused in the 2022 brutal murder of pharmacist Umesh Kolhe by a group of Muslim men over his support to the controversial statements made by former BJP spokesperson Nupur Sharma against Prophet Mohammed, the Bombay High Court on Tuesday held that the offence was heinous, and strikes at the conscious of the society. A division bench of Justice Ajay...
S. 37 NDPS Act | 'Reasonable Grounds' Not Equivalent To 'Proved' Under BSA; It Would Set At Naught Bail Power: J&K&L High Court
Interpreting the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Jammu & Kashmir and Ladakh High Court has clarified that the expression “reasonable grounds” contained in Section 37 cannot be stretched to mean 'proved' under the Bharatiya Sakshya Adhiniyam.The Court cautioned that equating “reasonable grounds” with the standard...
Madras High Court Reserves Order On State's Plea To Cancel Savukku Shankar's Interim Bail, Flags His Derogatory Language Against Police
The Madras High Court, on Tuesday (20th January), reserved orders on a plea filed by Tamil Nadu police seeking to cancel the interim bail granted to YouTuber-Journalist Shankar alias Savukku Shankar. The bench of Justice P Velmurugan and Justice M Jothiraman said that the orders would be passed on Friday (23rd January).When the case was taken up yesterday, an apprehension of bias was raised...