'Child's Identity Is Part Of Their Autonomy': Calcutta HC Directs Issuance Of Fresh Birth Certificate To Minor Seeking To Adopt Mother's Surname

The Calcutta High Court has directed the municipal authorities to issue a fresh birth certificate to a minor seeking to give up her father's surname and adopt her mother's surname.Justice Gaurang Kanth held: "The identity of a child, including her surname is an integral part of her personal development and autonomy. Courts have consistently held that when the change in name or surname does...

If Chief Secretary Doesn't Obey Our Orders, Who Will? Madras High Court Criticizes Delay By Former Secy, Closes Contempt

The Madras High Court on Monday (July 21) criticised the former Tamil Nadu Chief Secretary Siva Das Meena over delay in implementing its order to set up a committee to look into the issues with respect to compassionate appointments.Justice Battu Devanand orally remarked that if the Chief Secretary himself doesn't comply with court order and implement it on time, how could the court expect...

SARFAESI Act | Fresh Notice To Legal Heirs Of Borrower Not Necessary To Take Possession Under S.14: J&K High Court

The Jammu & Kashmir High Court has held that a secured creditor is not required to issue a fresh notice to the legal heirs of a deceased borrower before invoking Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed a writ...

Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench

The Kerala High Court has referred for consideration of the Full Bench the question of entitlement of a Hindu wife to receive maintenance from the immovable property of her husband.The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar framed the following questions for consideration by the Full Bench:"(a) Is a Hindu wife entitled to receive maintenance from the...

Long-Serving Employees Can't Be Denied Pension Just Because Their Posts Weren't Reflected On I-OSMS Portal: Calcutta HC

The Calcutta High Court bench comprising Justice Gaurang Kanth held that pension and retiral benefits cannot be withheld from long-serving municipal employees solely because their details were not uploaded against sanctioned posts in the i-OSMS portal due to digital system lapses. Background Facts The Petitioner, along with 147 other similarly situated employees, was appointed as...

Promotion To HC's Assistant Registrar Based On Merit, Seniority Of Candidates Can't Be Sole Criteria: Rajasthan High Court

In a plea filed by four Court Masters challenging seniority list of Assistant Registrars claiming that despite being senior they had been put below Administrative Officers (Judicial) in the seniority list and were denied promotion, the Rajasthan High Court observed that criteria for promotion to the post is based on merit. The petitioners were promoted as Court Masters on 26.09.2015 in...

"We're Conscious, Bringing Changes": MP High Court On Problems In Listing Of Bail Matters

The Madhya Pradesh High Court on Monday (July 21) addressed growing concerns among members of the Bar regarding delay in listing of bail matters. "It's not that we are not conscious, we are also concerned about bail matters, we are conscious. We have increased the number of bench from one to two. We are also looking at increasing the benches. Please be patient," Chief Justice Sanjeev...

IELTS 'Scam': Gujarat High Court Directs Magistrate Court To Decide Police's Closure Report Afresh

The Gujarat High Court has ordered a Magistrate Court in Mehsana to decide afresh the closure report filed by Police in a case pertaining to alleged fabrication of ILETS results.Justice L S Pirzada upheld the sessions court's order on not accepting police's summary report but set aside its direction on appointment of another officer to investigate the case further.The High Court rather...

[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates

While considering a cruelty case lodged against a husband and his kin, the Kerala High Court observed that sole evidence of a domestic violence victim is reliable for conviction in such cases as often ill-treatment and harassment happens within the confines of the house.The court however underscored that the testimony can be relied on as sole evidence for conviction provided it is convincing...

Bombay High Court Again Flags 'Copy-Paste' Witness Statements In Criminal Cases, Asks State To Address 'Menace'

In a continuing expression of concern, the Bombay High Court recently once again flagged the practice of 'copy-pasting' witness statements by investigating officers and directed the State Government to address this growing 'menace'. A division bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh made these observations while disposing of a Criminal Application,...

Jharkhand High Court Delivers Split Verdict On Death Penalty Given To Two Alleged Naxalites For Murder Of 6 Policemen In 2013

Jharkhand High Court's division bench has delivered a split verdict on a referral from the trial court which awarded death sentence to two men alleged to be naxalites, in respect of a 2013 attack on a police team which resulted in the death of Pakur's Superintendent of Police at the time and five other police personnel. While Justice Rongon Mukhopadhyay acquitted the accused observing that...

Kerala High Court Rejects Ex-MLA R Rajesh's Appeal Against Initiation Of Contempt Case Over FB Post Against Judge

The Kerala High Court on Monday (July 21) held that the appeal preferred by former MLA R. Rajesh against the criminal contempt proceedings initiated against him for making a 'stinking Facebook post' against a sitting judge, was not maintainable.The division bench of Justice Anil K. Narendran and Justice Muralee Krishna S. was hearing the question of maintainability of the appeal today.The...