Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the 2007 Act'),...

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court

The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice Amit Mahajan said. The Court observed that...

Rajasthan High Court Stays 800 Kilometers Far Transfer Of Lecturer Who Filed Sexual Harassment Complaint Against Govt School Principal

The Rajasthan High Court has stayed the transfer of a government school lecturer who had filed a sexual harassment complaint against the school Principal.After the woman alleged that the 800 km far transfer was a consequence of her complaint, Justice Arun Monga issued notice on her plea and directed:"Meanwhile, the petitioner shall be allowed to discharge her duties at her...

Accused Fled To America To Evade Trial, Punjab & Haryana High Court Imposes Cost In US Dollars

The Punjab & Haryana High Court has imposed a cost of $10,000 US dollar cost on an accused, who fled to America after obtaining bail in 2004 so as to evade trial in a fraud case for "almost 20 years."Justice Sandeep Moudgil said, "There is no denial to the fact that due to petitioner's act, delay has occurred in trial proceedings and has caused prejudice to the other side and to...

Suit For Partition Of Agricultural Land Can Be Decided By Civil Court If No Dispute Regarding Tenancy Rights Are Involved: Rajasthan HC

Rajasthan High Court ruled that the Civil Court had absolute jurisdiction in a suit for partition simplicitor even though partition of an agricultural land was sought for, if there was no dispute relating to the tenancy rights in that suit, in which case the matter to that limited extent had to be referred to the revenue court. The bench of Justice Vinit Kumar Mathur was...

Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC

The Telangana High Court has reiterated that the remedy of Habeas Corpus is an extraordinary remedy available to safeguard against disappearances or illegal detention. That, it should not be used as a weapon to settle marital scores or to win a custody battle. "A Writ of Habeas Corpus can only be issued when a detention or imprisonment is without authority of law i.e., when the...

Madras High Court Upholds Rejection Of AI-Human Integration Patent Claim

The Madras High Court bench dismissed an appeal seeking a review of a patent claim for a product designed to integrate human and AI capabilities. The appeal was filed by Caleb Suresh Motupalli before the single bench of Justice Senthilkumar Ramamoorthy, challenging the order of the Controller of Patents. Upon review, the court found no sufficient grounds to interfere with the...

Sale, Bequest Of Tenancy Rights By Member Of SC/ST Category To Person Who Isn't From Community Is Void Under State Tenancy Law: Rajasthan HC

The Jaipur bench of the Rajasthan High Court reiterated that person who is not a member of the SC/ST category cannot claim khatedari or tenancy rights based on adverse possession over a land belonging to a person from SC/ST category and which was purchased from him in violation of Section 42 of the Rajasthan Tenancy Act.Section 42 of the Act stipulates that the sale, gift or bequest of...

Can't Presume Incapability Of Leprosy Patient To Execute Sale Deed Unless Absence Of Fingers & Palm Proved: Orissa High Court

The Orissa High Court has held that incapacity of a leprosy patient to execute sale deed cannot ipso facto be presumed unless it is further proved to the satisfaction of the Court that he had no fingers and palm, rendering him physically incapable. While rejecting the challenge to two sale deeds executed in the year 1947 and 1964, the Single Bench of Justice Sashikanta Mishra...

Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court

The Delhi High Court has recently ruled that details about passport and personal identification documents cannot be disclosed to a third party under the Right to Information Act, 2005. Justice Sachin Datta referred to various judgments on the issue and said:“…disclosures which may be sought by a third party under the provisions of RTI act pertaining to passport or any other...

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court

The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also have...

Advocate Tejas Karia Sworn In As Judge Of Delhi High Court

Advocate Tejas Dhirenbhai Karia on Friday sworn in as a judge of the Delhi High Court. Chief Justice Devendra Kumar Upadhyay administered the oath of office.His appointment was notified by the Central Government on February 13. The Supreme Court Collegium had recommendedhis elevation in August last year.The Collegium had noted that Karia is a domain expert in the law of arbitration. Since...