Triple Talaq By E-mail Is Mental Torture; Husband's Unilateral Power To Inflict Instant Divorce Is Unacceptable: Patna High Court

The Patna High Court has recently observed that the view that a Muslim husband enjoys an arbitrary and unilateral power of inflicting instant divorce is not acceptable and that giving divorce to a Muslim wife by simply sending an e-mail to her amounts to a form of mental torture. Rejecting a plea to quash dowry and mental torture charges against a husband, a bench of Justice...

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay

The Kerala High Court today granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him with 17 years delay, after publication of the Justice Hema Committee Report.The single bench of Justice P V Kunhikrishnan while granting the relief observed that men also have the right to dignity, not just women. While dictating the order in open Court, the...

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13(1)(a) of the 1955 Act. “Where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation (as in...

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of...

[IBC] Telangana HC Quashes Proceedings Against Ex-Director Of Company, Says IRP Had Already Taken Charge When Complaint Was Filed

The High Court of Telangana has delivered an important decision on the issue regarding criminal liability of Directors and corporate governance. In quashing the proceedings initiated against the petitioner (former Director of a pharmaceutical company), Justice K Sujana held that the petitioner could not be held responsible for alleged violations by the accused-company since he had...

'Petitioner's Voluntary Retirement Could Not Be Cancelled After Being Accepted By Respondents Once', Delhi High Court

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that the Petitioner's voluntary retirement could not have been cancelled after it was accepted in the first place. The Bench held that the Respondents could at their best have rejected his application for postponement of the date of his voluntary retirement but cancelling the...

Lulu International Malls Assures Bombay High Court It Will Not Play Copyright Songs On Its Premises

The Lulu International Shopping Malls, recently assured the Bombay High Court that henceforth it will not use sound recordings or songs owned by the Phonograhic Performance Limited (PPL) without obtaining a valid licence from it.Single-judge Justice Riyaz Chagla accepted the statement made by the mall. "Defendant No.1, on instructions, states that it shall in respect of events of any kind...

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. The bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the same would be impermissible, especially in a case where statutory appeal was available to the...

[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High Court

The Karnataka High Court recently quashed an order passed by the Assistant Commissioner, Hassan made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cancelling the gift deed executed by an aged father in favour of his children. The order came to be passed on the petition filed by a Bank from whom the children had taken a loan by mortgaging...

Youth Dies After Alleged Custodial Torture In Punjab: High Court Transfers 2021 Probe To Haryana Police

The Punjab and Haryana High Court has transferred investigation into death of a youth, who passed in 2021 after alleged custodial torture at Budhlada police station in Punjab's Mansa district, to IPS officer Himadri Kaushik, currently posted as DCP in Haryana's Panchkula.Justice Vinod S. Bhardwaj said, "This Court has noticed the stand of the respondents (State) but it has nowhere explained...

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha

The Punjab and Haryana High Court has dismissed a petition challenging the Shiromani Akali Dal (SAD) leader and MP Sukhbir Singh Badal's election in 2019 general elections, noting that an election petition cannot be entertained based on vague averments. The election petition had alleged that Badal failed to disclose details of dependent daughters in Form 26, omitted expenditure incurred...

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. Brief Facts The present application has been filed under section...