'Criticism Of Political Decision Not Violation Of Personality Rights': Delhi High Court Tells BJP MP Raghav Chadha

The Delhi High Court on Thursday reserved order on a plea moved by BJP MP Raghav Chadha seeking take down of “defamatory” content allegedly showing that he “sold himself for money.”Justice Subramonium Prasad said that prima facie, the impugned posts were criticism of Chadha's political decision to shift to BJP and that the line between defamation and criticism is quite thin.At the...

S. 223 BNSS | Pre-Cognizance Hearing Of Accused Mandatory In Post-BNSS NDPS Act Complaints: Allahabad High Court

The Allahabad High Court has observed that an accused must be heard before a special Court takes cognizance upon a 'complaint' made (after commencement of BNSS) by an authority under the Narcotic Drugs and Psychotropic Substances Act, 1985. A bench of Justice Brij Raj Singh ruled thus while relying on the first proviso to Section 223(1) BNSS, which mandates granting the accused a...

“Vacancy Of Librarian Is Not Administrative Choice But Failure Of State's Duty To Provide Educational Infrastructure”: Patna HC

The Patna High Court has expressed serious concern over large-scale vacancies of Librarians, Deputy Librarians and Assistant Librarians across universities in Bihar, observing that absence of librarians causes a “functional breakdown” in the academic health of educational institutions. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a writ...

Madras High Court Closes Plea Challenging Savukku Shankar's Detention After State Revokes Goondas Act Order

The Madras High Court on Thursday (21st May), closed a habeas corpus plea challenging the detention of YouTuber Journalist Savukku Shankar under the Tamil Nadu Goondas Act.The vacation bench of Justice GR Swaminathan and Justice V Lakshminarayan took note of the Government Order passed by the Home, Prohibition and Excise (XIII) Department revoking his detention. Thus, noting that the plea...

High Court Can't Act As 'Third Court Of Facts' In Second Appeals Under Section 100 CPC: Rajasthan High Court

The Rajasthan High Court has held that while exercising jurisdiction under Section 100 CPC, the High Court is not expected to function as a 'third court of facts' for undertaking fresh factual inquiry or reassessing evidence, merely because another view was possible from the record. The bench of Justice Farjand Ali observed that the findings of fact by the courts below carried a presumption...

Bombay High Court Strikes Down Rule Mandating One-Year Imprisonment For Regular Parole, Calls It Arbitrary & Unconstitutional

The Bombay High Court has struck down the portion of Rule 14(1) of the Maharashtra Prisons (Furlough and Parole) Rules, 2024, which mandated that a prisoner could become eligible for regular parole only after completion of one year of actual imprisonment. The Court held that the condition was manifestly arbitrary and violative of Articles 14 and 21 of the Constitution.A Division Bench of...

Disputed Cruelty Allegations Pending In Criminal Case Can't Form Basis For DV Act Compensation: Rajasthan High Court Quashes ₹2 Lakh Award

The Rajasthan High Court has held that when allegations of cruelty or harassment are matters of separate criminal proceedings, which are sub-judice, the court exercising jurisdiction under the Protection of Women from Domestic Violent Act, 2005 (“DV Act”), ought not to grant compensation founded upon such disputed allegations. While setting aside such compensation, the bench of...

'Evaluation In Tender Matters Is Based Entirely On Documents Furnished By Bidder': Patna HC Upholds Disqualification Over Inconsistent Eligibility Disclosures

The Patna High Court has upheld the disqualification of a contractor from a tender process, holding that bidders are under an obligation to make “reliable and consistent” disclosures regarding eligibility-related particulars and that contradictory disclosures may amount to misrepresentation. A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ...

Recruitment Processes Must Be Conducted With Certainty & Within Timelines; Courts Can't Reopen Them On Vague Pleas: Bombay High Court

The Bombay High Court recently held that in cases of public recruitment processes, wherein large number of candidates apply for jobs, courts cannot casually interfere at any stage of the process and order reopening of a particular process especially on vague and unsubstantiated pleas made by any candidate. A division bench of Justice Ravindra Ghuge and Justice Hiten Venegavkar refused to...

No Right To Permanent Alternate Accommodation For Daughter-In-Law Under DV Act Or Senior Citizens Act: Delhi High Court

The Delhi High Court has held that neither the Domestic Violence Act, 2005, nor the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, contemplates grant of “permanent accommodation” to a daughter-in-law, but onlyrecognizes right of shared-household.Justice Purushaindra Kumar Kaurav was dealing with a plea filed by elderly parents challenging an appellate authority's...

Maintenance Meant To Prevent Starvation, Not Impose 'Crushing Financial Burden' On Husband: Rajasthan High Court

The Rajasthan High Court has held that directing payment of maintenance from the date of application, after inordinate delay in conclusion of proceedings, in certain cases can result in an excessively onerous financial burden on the husband, especially upon a salaried person or someone having limited means. While underscoring the true objective of maintenance as prevention of...

Social Resistance To Consensual Inter-Faith Relationship Made Prosecutrix Shift Blame On Accused: Delhi High Court Acquits Man In Rape Case

The Delhi High Court recently acquitted a man convicted for kidnapping and rape in a 2004 case, observing that the prosecutrix had voluntarily accompanied him, married him under the Special Marriage Act and later appeared to have changed her stand due to “social and family pressure”.Justice Vimal Kumar Yadav said that fragmented, stratified and deeply divided Indian society across all...