Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's...

'Publicity Interest', Patna High Court Refuses To Pass Order In PIL Against Honey Singh's Song, Seeks Union's Response

The Patna High Court today (March 7) heard a Public Interest Litigation (PIL) filed by actress Nitu Chandra against the alleged vulgarity in renowned singer Yo Yo Honey Singh's latest chartbuster song 'Maniac'. The actress had approached the High Court seeking legal action against Honey Singh's new song, including the deletion of the song.Today, the matter was fixed for the passing of an...

Karnataka High Court Orders Inquiry Against Police Inspector For "Undue Indulgence" In Dispute Between Two Religious Institution

The Karnataka High Court has directed the Police Commissioner, Dharwad to initiate departmental inquiry against a police inspector for allegedly interfering with the functioning of a religious institution.A single judge, Justice M Nagaprasanna said, “There is material in the case at hand to demonstrate that the 3 rd respondent has indulged in abuse of his power. Therefore, it becomes a fit...

Organisation Once Declared As A Minority Institution Always Retains Its Minority Status: Calcutta High Court

The Calcutta High Court has held that once an organisation has been accorded minority status, it would continue to be recognised as a minority institution and would not be expected to routinely approach the state authorities to retain such status.The matter, challenging the status of a minority school, came up for hearing before a division bench of Chief Justice TS Sivagnanam and Justice...

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC

The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent. “The act of touching and pressing lips or lying down next to the victim, though may result in violation of...

Ensure That All Inculpatory & Exculpatory Material Collected In Probe Is Given To Accused Before Trial Begins: Madhya Pradesh HC To State

While disposing of Public Interest Litigation petition, the Madhya Pradesh High Court has directed the State to ensure case diary and charge sheet filed under Section 193 of Bhartiya Nagarik Suraksha Sanhita (BNSS) contains all the evidence which is both inculpatory as well as exculpatory in nature.Section 193 of BNSS to Report of police officer on completion of investigation. While referring...

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court

The Jaipur bench of the Rajasthan High Court upheld the dismissal of a CRPF Constable who wilfully remained absent from duty for 65 days beyond the sanctioned leave without any intimation to the authorities and when notice was issued to join back on duty he sent incorrect information of him passing away.Justice Anoop Kumar Dhand in his order said: "This Court is of the considered opinion that...

No Room To Order Concurrent Running Of Sentences Where Two Offences Have No Connection, Transactions Are Completely Different: Kerala HC

The Kerala High Court has held that Section 427 of CrPC, which empowers Courts to order concurrent running of subsequent sentences, has no application when a person is convicted for different offences in two different crimes committed in completely different transactions.Justice C. Jayachandran observed that the Petitioner-convict's contention that the sentencing court passing the...

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner.Justice A. Badharudeen was considering an order of the Trial Court which dismissed an application seeking further investigation under Section 173 (8) of the CrPC. Court said,...

'Police Can't Say It Has "Bigger Scams" To Unearth': Bombay HC Pulls Up Cops For Delay In Probing Case Of Sr Citizen Who Lost ₹32 Lakhs To Cyber Fraud

While hearing the petition filed by a septuagenarian woman, who was kept in 'digital arrest' and duped of Rs 32 lakhs, the Bombay High Court on Thursday pulled up the police officers of the Mumbai Police who initially refused to lodge the FIR and then conducted a 'shabby probe.'A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale expressed displeasure over how the police...

Objections Raised By Neighbours, Relatives Cannot Be Sole Ground For Refusing Convict's Parole: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently said that any objection raised by local inhabitants or relatives cannot be the sole determinative basis for refusing parole.Justice Ranjan Sharma said, "Any objection raised by local inhabitants / relative cannot be the sole determinative basis for refusing parole and such an objection raised by local inhabitants/relative cannot be given...

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters

The Delhi High Court recently expressed its displeasure at the frequent non-appearance of government counsel in customs related matters.A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “It is noticed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. In cases of nonappearance, the...