Mandatory Injunction Not Automatic Even If Encroachment Proved; Can Be Denied For Plaintiff's Unfair Conduct: HP High Court

The Himachal Pradesh High Court held that even where a demarcation report clearly establishes encroachment, grant of mandatory injunction is not automatic. Emphasising the equitable nature of such relief, the Court ruled that it may be denied where the plaintiff's conduct is found to be unfair or based on false pleadings. The Court remarked that injunction being a discretionary remedy under...

Dispute Over Burial Rights Between Two Muslim Communities Not Maintainable As PIL: Uttarakhand High Court

The Uttarakhand High Court has held that a claim relating to burial rights asserted by members of one Muslim community against another community in respect of a Kabristan would not fall within the scope of a Public Interest Litigation. The Court observed that such rights may be established in appropriate civil proceedings or through such other mode as may be advised. On this basis, the...

Husband Can't Seek To Strike Off Wife's Defence In Matrimonial Proceedings After Failing To Pay Litigation Expenses: Delhi High Court

The Delhi High Court has held that a husband cannot seek to strike off his wife's defence in matrimonial proceedings for delay in filing a written statement after himself failing to comply with the Family Court's direction to pay litigation expenses.A division bench of Justices Vivek Chaudhary and Rajneesh Kumar Gupta dismissed an appeal filed by a husband challenging a Family Court order...

'Police's Sensitivity To Protect Life Continues To Be Low': Why Allahabad High Court Pulled Up Budaun SSP

The Allahabad High Court on Monday expressed deep dissatisfaction with the police's approach to citizens' security by observing that it must be the primary concern of the State to save human life and not just to bring murderers to justice. In a strong remark, a Bench of Justice JJ Munir and Justice Tarun Saxena added that the sensitivity of the law-and-order agencies to protect human...

Mere Call Detail Records Can't Establish Criminal Conspiracy Without Proof Of Conversation Contents: MP High Court

The Madhya Pradesh High Court, while quashing criminal proceedings against a constable of the crime branch for criminal conspiracy, observed that in the absence of contents of communication, the mere existence of calls without substantive content demonstrating prior meeting of minds cannot by itself constitute criminal conspiracy under Section 61(2) of BNS. The bench of Justice Himanshu...

Rajasthan High Court Bars Police From 'Humiliating' Arrested Persons By Posting Their Photos On Social Media, Calls It 'Extra-Legal Punishment'

The Rajasthan High Court in a recent decision issued a slew of directions to curb public humiliation of arrestees perpetrated by the police and particularly stressed upon the issue of social media condemnation by posting arrestee photos.Justice Farjand Ali observed that such conduct by the police amounts to imposing a punishment that is not statutorily prescribed and violates the principle...

Gujarat Public Exam (Prevention Of Unfair Means) Act Not Restrospective: High Court Discharges Accused Over Use Of Dummy Candidates

The Gujarat High Court granted relief to various persons booked under Gujarat Public Examination (Prevention of Unfair Means) Act over allegations of using "dummy candidates" for appearing in various public exams, noting that the Act which came into force in March 2023 was not restrospectively applicable. The court was hearing petitions challenging sessions court order refusing to discharge...

Mere Registration Of Cases Without Proof Of Organised Crime Not Sufficient To Establish Guilt Under UP Gangsters Act: Uttarakhand HC

The Uttarakhand High Court has held that mere registration of previous cases or criminal antecedents, without proof of an organised pattern of criminal activity, is not sufficient to establish guilt under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The Court observed that the prosecution must establish the existence of a gang, continuity of unlawful...

Delhi High Court Upholds Maintenance To Woman From Second Marriage Despite No Formal Divorce From First Husband

The Delhi High Court has upheld a Family Court order granting maintenance to a woman from her second marriage despite the absence of a formal divorce decree from her first husband, observing that the expression “wife” under Section 125 CrPC must receive a liberal interpretation to further the provision's social justice objective.Justice Saurabh Banerjee dismissed a revision petition filed...

POCSO Case | Allahabad High Court Judge Recuses From Hearing Contempt Plea Against Swami Avimukteshwaranand

Justice Rohit Ranjan Agarwal of the Allahabad High Court on Wednesday recused himself from hearing a civil contempt plea filed against Swami Avimukteshwaranand Saraswati, the Shankaracharya of Jyotirmath. When the matter came up for a hearing, the single judge directed that the matter be laid before another Bench as fresh, after obtaining a nomination from the Chief Justice....

Madras High Court Reserves Orders On Savukku Shankar's Bail Plea In Attempt To Murder Case

The Madras High Court has reserved orders on a bail plea filed by YouTuber journalist Shankar @ Savukku Shankar in connection with an attempt to murder case registered against him by the state police.Justice Victoria Gowri reserved orders after hearing counsel for Shankar and the State. Shankar has also filed a petition seeking to quash the FIR registered against him in connection with...

Video Conferencing Not Permissible At Reconciliation Stage In Matrimonial Disputes: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that Rules for Video Conferencing for Courts, 2023 are procedural in nature and cannot be construed to permit video conferencing even at the stage of reconciliation in matrimonial proceedings as it is against Supreme Court's judgment in Santhini Vs. Vijaya Venkatesh. The high court referred to Santhini judgment wherein it was held that only once a...