All High Courts
Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression.The Court further stated that scientific studies are proving that post-partum depression is relatively...
S. 13 (1) (iii) HMA | Spouse's 'Schizophrenia' Alone Not Sufficient For Divorce, Requisite Degree Of Mental Disorder Must Be Proved: Allahabad HC
The Allahabad High Court has recently observed that the ground of a spouse suffering from schizophrenia, by itself, is not sufficient for the grant of a decree of divorce under Section 13(1) (iii) of the Hindu Marriage Act 1955 as it must be proven that the 'mental disorder' if of such a kind and degree that a spouse cannot reasonably be expected to live with partner. Noting that...
Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court
The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee.A single judge bench of Justice S Sunil Dutt Yadav said “The...
Madras High Court Refuses To Quash Summons Issued To MD Of Manappuram Finance Ltd For Allegedly Auctioning Stolen Gold
The Madras High Court recently refused to quash a notice issued to the CEO and Managing Director of Manappuram Finance Limited for allegedly auctioning stolen gold. Justice KK Ramakrishnan of the Madurai bench refused to quash the notice issued to VP Nandhakumar by the Central Bureau of Investigation under Section 41 (A) of CrPC. The court added that the procedure under Section 41(A)...
Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC
The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed.A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons...
Karnataka High Court Rejects Plea To Transfer Probe In Valmiki Corporation "Scam" To CBI
The Karnataka High Court on Wednesday (November 13) dismissed a petition filed by Union Bank of India seeking a direction to the government to transfer the probe being carried out in the alleged scam regarding the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, to the Central Bureau of Investigation (CBI).A single judge bench of Justice M Nagaprasanna while...
What Legal Protections Should Be Granted To 'Blacklisted' OCI Cardholders Allegedly Involved In Anti-National Activities? Delhi HC Answers
The Delhi High Court has explained the legal protections afforded to Overseas Citizens of India (OCI) cardholders against whom backlisting orders are issued in circumstances involving allegations of anti-national activities against them.Justice Sanjeev Narula observed that since provisions of both Citizenship Act and Foreigners Act apply to OCI cardholders, a harmonious construction is...
'Last Seen Theory' Not Independently Sufficient To Convict For Murder: Gauhati HC Acquits Man Allegedly Last Seen By Witnesses With Deceased
The Gauhati High Court on Tuesday (November 13) acquitted a man convicted of murder on the ground of "last seen theory", while holding that theory does not apply in the present case and is also not independently sufficient to sustain conviction.It also said that without there being other supporting materials of credence, extra-judicial confession also cannot be the basis of a...
Kerala High Court Lifts Stay On Lakshadweep Tourism Dept's 'Tent City' But Constructions Subject To Verdict In Property Dispute
The Kerala High Court has removed stay on further construction in connection with the development of Tent City in Thinnakkara and Bangaram islands of Lakshadweep. A Single-Bench Judge had earlier, while dealing with challenge to assignment of the concerned properties to the Tourism Department, stopped the construction by ordering to maintain status quo.The Division Bench of Justice Anil...
Probes Pending For Years: Allahabad HC Questions UP Police's Economic Offences Wing Over Slackness, Seeks DG's Affidavit
In a stern rebuke to the Uttar Pradesh Police's Economic Offences Wing (EOW), the Allahabad High Court last week expressed its concerns over the prolonged delay in investigating several cases being handled by the EOW. A bench of Justice Samit Gopal criticised the EOW for its apparent "slackness" in handling critical economic offences, as it noted that in matters being investigated by...
Culprit Behind Theft And Fire At Judicial Officer's House Not Brought To Books Yet, Punjab & Haryana High Court Orders Speedy Investigation
The Punjab and Haryana High Court has sought speedy investigation in a case pertaining to theft and fire at the residence of Judicial Magistrate posted in Ambala, which took place on October 04.Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a suo moto case initiated after the incident.The Court had earlier sought an extensive report from DGP, Haryana. In pursuance to the same,...
Station Master's Heated Exchange With Wife Sends Train To Maoist-Affected Region: Chhattisgarh High Court Grants Divorce For Cruelty
The Chhattisgarh High Court has recently granted divorce to a station master-husband against his wife on the ground of 'cruelty' as the latter not only raised severe allegations on the character of the former but also her casual approach towards her on-duty husband led a goods train to a prohibited maoist-affected region.Setting aside the order of the Family Court, which denied divorce to...