Forcing Couple To Live Together After 7 Years Of Separation Would Itself Amount To Mental Cruelty: Punjab & Haryana High Court

The Punjab & Haryana High Court has granted divorce to a couple who were living separately for 7 years, observing that the marriage between the parties has become "unworkable" and has reached the stage of beyond repair and if the parties are called upon to stay together, it may lead to mental cruelty to both of them.Justice Sudhir Singh and Justice Jasjit Singh Bedi said, "...the parties,...

Kerala High Court Orders Enhanced Compensation For Lands Acquired For Construction Of Brahmapuram Waste Treatment Plant Phase II

The Kerala High Court has enhanced the compensation amount for land acquired by the state government for the construction of Brahmapuram Solid Waste and Treatment Plant Phase II.The Division Bench of Justice Amit Rawal and Justice Easwaran S has fixed a uniform rate of rupees 10 lakhs per are as enhanced compensation. “..the award of the Reference Court is hereby modified and the...

'Victim' Appears To Be A Consenting Party: Allahabad High Court Upholds Acquittal Of 4 In 2009 Rape Case

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to the year 2009, as it concurred with the view of the trial court that the victim appeared to be a consenting party. A division bench comprising Justice Rajiv Gupta and Justice Ram Manohar Narayan Mishra noted that it is a settled principle that while exercising...

Will Holding Kambala Race In Bengaluru Amount To Animal Cruelty?: Karnataka High Court Orally Asks In Plea For Stay Of Bull Race

While hearing People for the Ethical Treatment of Animals India's (PETA) plea for staying a bull race event–'Kambala' scheduled for October 26 in Bengaluru, the Karnataka High Court on Tuesday (October 22) orally enquired if holding the event would amount to cruelty to animals. The high court was hearing the organisation's plea which also seeks to restrain the state government from...

Husband Pledging Wife's Gold Without Her Consent Is Criminal Breach Of Trust U/S 406 Of IPC: Kerala High Court

The Kerala High Court has refused to intervene in the conviction of a husband who was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent. Single bench of Justice A. Badharudeen held that all the elements of the offence are made out. It observed,"In the instant case the prosecution case is that the mother of...

Instead Of Denying Police Clearance Certificate, Details Of Offences Involving Job Seeker Can Be Given To Employer: Kerala High Court

The Kerala High Court has held that instead of rejecting an application for police clearance certificate, the police can issue a certificate detailing the crime in which the applicant is involved.Justice A. Badharudeen noted that in many cases, for employment and assignment, the concerned employer or authority asks for a Non – Involvement in Offences Certificate (Police Clearance...

Plea Opposing Online Release Of Vikram Starrer 'Thangalaan' For Allegedly Targeting Vaishnavites Withdrawn From Madras High Court

A plea challenging the online release of Vikram starrer 'Thangalaan' was withdrawn in the Madras High Court last week. The withdrawal of the petition has paved way for the online release of the movie which has been directed by PA Ranjith. A division bench of Chief Justice KR Sriram and Justice Senthilkumar Ramamoorthy in its October 19 order noted the submissions and dismissed the...

'Far Fetched' To Say That Child Must Study In 'English Medium School' To Progress In Life: Gujarat High Court In Custody Dispute Case

While hearing a custody dispute case, the Gujarat High Court underscored that the welfare of a child cannot be judged by the medium of their school especially when they are toddlers and to say that one needs to study in an English medium school from the beginning to progress in life, is a far fetched argument. Noting that the family court had recorded that in the present case the...

Mental Health Act 2017 Is A Beneficial Legislation, Can Be Applied Retrospectively To Extend Benefits To All: Kerala High Court

The Kerala High Court has observed that the Mental Health Act, 2017, which came into effect from July 07, 2018, is beneficial legislation and can be applied retrospectively.In the facts of the case, the petitioner is the wife of a former MLA, has invoked the writ jurisdiction of the High Court to quash final report alleging that she attempted to commit suicide in 2016, an offence punishable...

Non-Compete Clause Is Invalid Post-Termination Of Contract As It Results In Restraint Of Trade: Bombay High Court Sets Aside Injunction

The Bombay High Court Bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil has held that though a non-compete clause can operate validly during the term of the agreement. But it would not be valid post-termination of the agreement as it would result in restraint of trade prohibited by Section 27 of the Indian Contract Act, 1872. Additionally, the court noted that it is required...

Climate Activist Sonam Wangchuk's Fast Withdrawn After Discussions: Delhi Police To High Court

The Delhi Police on Tuesday informed the Delhi High Court that climate activist Sonam Wangchuk and his associates from Ladakh have withdrawn their protest and fast after discussions. The submission was made by Solicitor General of India Tushar Mehta before a division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma. “After discussions, Mr. Wangchuk has withdrawn his fast...

Karnataka High Court Calls For Actor Darshan's Medical Records As He Seeks Bail On Account Of Spine Ailment

The Karnataka High Court on Tuesday issued notice to the State government on the bail petition filed by Kannada actor Darshan Thoogdeep Srinivas, who has been arrested in connection with the Renukaswamy murder case.A single judge bench of Justice S Vishwajith Shetty also directed the prosecution to produce the actor's medical records. Further it directed the prosecution to file its statement...