High Courts
FIR Filed With "Oblique Motive” To Circumvent Arbitral Award: J&K&L High Court Quashes FIR In Contract Dispute
The Jammu & Kashmir and Ladakh High Court quashed an FIR against a company and its director in a government contract dispute, holding that the prosecution was “nothing but an abuse of process of law” and aimed at creating a defence to an arbitral award passed against the department.A bench of Justice Sanjay Dhar noted that the letter at the heart of the controversy was issued in...
'Child's Right To Know Parentage Overrides Parent's Right To Privacy': Punjab & Haryana High Court
The Punjab and Haryana High Court has upheld an order mandating a DNA test while emphasizing that a man's right to privacy can't override a child's right to know their biological parentage. The observation was made while dismissing a petition that challenged a trial court's decision allowing a child's plea for the comparison of his DNA sample with that of the man he claims to be his...
Concurrent Proceedings Under MCOCA Not Sufficient Explanation For Delay In Trial Under SC/ST Act: Bombay High Court Grants Bail
The Bombay High Court (Nagpur Bench) has held that pendency of a trial under the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) is not, by itself, a sufficient reason to keep another trial in abeyance, and prolonged custody without progress in trial amounts to a violation of the right to a speedy trial under Article 21 of the Constitution.A bench of Justice Urmila Joshi-Phalke...
Criminal Liability U/S 31 Domestic Violence Act Arises Only When Protection Order U/S 12 To 23 Violated: Allahabad High Court
While dealing with application for quashing criminal proceedings under Section 31 of the Protection of Women from Domestic Violence Act, 2005, the Allahabad High Court has held that criminal proceedings under the Act can only be initiated if there is a breach in any conditions of the order passed in civil proceedings under Sections 12 to 23 of the Act.Justice Vinod Diwakar held that“in...
Borrower Can't File Civil Suit Through Tenant To 'Wiggle Out' Of Liability Once Order U/S 14 Of SARFAESI Act Had Been Passed: Allahabad High Court
The Allahabad High Court has held that once an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been passed granting possession to the secured creditor, i.e., bank, the borrower cannot, through a tenant, obtain a stay from the Civil Court to escape liability.The bench of Justice Shekhar B. Saraf and...
₹7K Maintenance 'Absolutely Meagre' Amount In Today's Time: Patna HC Finds Able-Bodied Fruit Seller Husband Capable To Pay
The Patna High Court recently upheld a Family Court order directing a fruit seller husband to pay his wife ₹7,000 per month as maintenance under Section 125 CrPC, as it noted that the said amount is 'absolutely a meagre' sum in today's time. A bench of Justice Bibek Chaudhuri thus dismissed the husband's criminal revision petition while observing that it is not the actual income but...
Dowry Prohibition Portal in Place for Public Complaints : State Tells Kerala High Court
The State government informed Kerala High Court about the launch of dedicated Dowry Prohibition Portal for public to file complaints. The submissions were made via a counter affidavit submitted by the State on the ongoing PIL filed by a law graduate and public policy professional, seeking a direction to the State to bring in accountability regarding the complaints made pursuant to Rule 5 of...
Marginalised People Pin Hopes On Group C & D Posts; Large-Scale Malpractice By Authorities Erodes Their Faith: Punjab & Haryana High Court
The Punjab and Haryana High Court has strongly criticized the systemic irregularities in recruitment processes for Group C and D posts, emphasizing that such malpractices deeply erode the faith of marginalised sections who view these jobs as a crucial pathway to socio-economic upliftment. These observations were made while finding the Haryana Staff Selection Commission (HSSC) prima facie...
Wife's Occasional Refusal To Have Physical Relations Not Cruelty To Husband Under Hindu Marriage Act: Madhya Pradesh High Court
The Madhya Pradesh High Court recently observed that a wife's occasional refusal to cohabit with her husband does not amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, unless there is a persistent denial of conjugal relations. In its order passed earlier this week, a Bench of Justice Vishal Dhagat and Justice Ramkumar Choubey also noted that any wife can expect...
'Elections Are Lifeline Of Democracy, Must Be Free, Fair & Transparent; Each Vote Matters': Uttarakhand High Court
The Uttarakhand High Court recently observed that elections are the lifeline of democracy, and since each vote matters, polls must be conducted in a free, fair, and transparent manner. A bench of Justice Ravindra Maithani made the observation while hearing a writ petition filed by Pushpa Negi, who sought directions to ensure that the upcoming election of the Chairman of Zila...
In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court
The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing...
Failure To Commence Trial Violates Wife's Fundamental Rights: Allahabad High Court Orders Daily Hearing In Cruelty Case Pending For 21 Yrs
While dealing with a wife's prayer to direct the Trial Court to commence hearing a cruelty case, the Allahabad High Court observed that it was regrettable that after more than 2 decades of filing FIR & chargesheet, the trial had not commenced.Stating that the Court was conscious of the Trial Court's workload, Justice Vinod Diwakar observed“Notwithstanding the considerable lapse of...