AFT Cannot Insist On Certified Court-Martial Copies When Disclosure Barred On Security Grounds: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that Rule 147-A of the Army Rules, 1954, which permits the Central Government to deny a certified copy of court-martial proceedings on grounds of security of the State or friendly relations with foreign States, is constitutionally valid and protected by Article 33 of the Constitution of India.However, the Court set aside the order of...

Disputes Over ESI Coverage, Contribution Liability Cannot Be Decided In Writ Jurisdiction Bypassing Statutory Mechanism: Gauhati High Court

The Gauhati High Court has held that disputes relating to ESI coverage, number of employees, contribution liability and the factual basis of an order passed under Section 45A of the Employees' State Insurance Act must ordinarily be raised before the Employees' Insurance Court under Section 75.In doing so the court said that the issues cannot be converted into a plea of inherent lack...

No Rape Case Made Out Against Legally Wedded Husband When Wife Was Major At Time Of Marriage: Rajasthan High Court

The Rajasthan High Court has quashed a rape FIR filed against a man by his wife, opining that in light of the definition of rape under Section 375, IPC and the Supreme Court ruling in Navtej Singh Johar v Union of India, the aspect of consent within marriage was rendered legally immaterial for prosecution of offences like rape. The bench of Justice Anoop Kumar Dhand clarified that since...

'Shocked Beyond Words': Jharkhand High Court Flags 427 Custodial Deaths Since 2018, Orders Judicial Inquiry

The Jharkhand High Court has held that inquiries into custodial deaths must mandatorily be conducted by Judicial Magistrates under Section 176(1-A) CrPC or Section 196(2) BNSS, and that inquiries by Executive Magistrates cannot operate as a substitute for such judicial inquiry.A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a PIL seeking directions for...

PCPNDT Act | P&H High Court Upholds Conviction Of Clinic Owner, Says Record-Keeping Lapses Cannot Be Treated Lightly

The Punjab & Haryana High Court has upheld the conviction of a Barnala-based clinic owner under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, holding that failure to maintain mandatory records—particularly Form 'F'—constitutes a serious statutory violation and cannot be dismissed as a mere procedural lapse.Justice Ramesh Chander Dimri dismissed a plea filed by...

Telangana High Court Declines Interim Protection From Arrest To Bandi Bageerath In POCSO Case

In a hearing spanning over two and half hours and nearly touching the midnight mark, the Telangana High Court on Friday (May 15) refused to grant interim protection from arrest to Bandi Sai Bageerath, son of Minister of State for Home Affairs and BJP leader Bandi Sanjay Kumar, who is booked in a POCSO case. As the hearing drew to a close the court orally said that it had thought of passing...

10 Reasons Why Madhya Pradesh High Court Declared Disputed Bhojshala Site As Hindu Temple

The Madhya Pradesh High Court has held that the disputed Bhojshala site was originally a Temple cum learning centre built back in 1034 AD, and the existing structure was constructed by destroying the temple and using its remains.In its 242-page judgment, deciding the dispute between the Hindu and Muslim communities regarding the right to worship at the site, the division bench of Justice...

National Highways Acquisition | P&H High Court Grants Higher Interest On Enhanced Compensation, Modifies Arbitral Award

The Punjab & Haryana High Court has held that landowners whose land is acquired under the National Highways Act are entitled to interest in terms of the more beneficial provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and not merely under the limited framework of the 1956 Act.Allowing a plea filed by...

Bar Association Cannot Penalise Lawyers For Attending Court Despite Boycott Calls: Tripura High Court

The High Court of Tripura recently observed that no Bar Council or Bar Association rule, regulation, or by-law authorises boycott of courts or permits disciplinary action against advocates for discharging their professional duties. While staying action initiated by the Tripura Bar Association against a lawyer who appeared before the Consumer Commission despite a boycott resolution, the Court...

Bhojshala Case: MP High Court Rejects Arguments Claiming Disputed Site Is Jain Temple

The Madhya Pradesh High Court has held that the disputed historical site at Bhojshala is a Hindu Temple dedicated to Goddess Saraswati, while rejecting the arguments of the petitioners belonging to the Jain Community claiming the site to be a Jain Temple.The division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi observed,"Whether the idol is of Saraswati or of Ambika would...

Madras HC Asks Authorities To Consider Woman's Plea To Add Foster Parents' Name In Birth Certificate, Calls It Part Of Right To Dignity

The Madras High Court has recently directed the Chief Registrar of Births and Deaths to positively consider a woman's plea to add the name of her foster parents in the birth certificate without removing the name of her biological parents. Justice Bharatha Chakravarthy highlighted that the right to construct one's own identity regarding gender, familial, and societal context was a part...

Selling Matrimonial House By Itself Cannot Amount To Dowry Harassment U/S 498A IPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that merely selling the matrimonial house cannot, by itself, be treated as an act of dowry harassment under Section 498-A of the Indian Penal Code. Justice Sandeep Sharma noted that: “In status report, it has come that matrimonial house of the complainant situate at Delhi was sold by the petitioners, but such act, if any, cannot be construed to be act...