All High Courts
Accusing Wife Of Extramarital Affair Is Mental Cruelty, Ground To Live Apart: Karnataka High Court Denies Divorce To Husband Claiming Desertion
The Karnataka High Court has upheld an order denying divorce to a husband claiming desertion, observing that mere accusation of the wife having an extra-marital affair amounts to mental cruelty and would be a cogent reason for her to live apart. The court was hearing the husband's appeal challenging a family court order dismissing his plea for divorce under Section 13(1(b) of Hindu Marriage...
Contractual Loan Dispute Over Alleged Excess Charges Not Cheating Or Breach Of Trust: Calcutta High Court Quashes Case
Observing that a dispute arising out of foreclosure charges and alleged excess recovery under a loan agreement is essentially contractual in nature and cannot be converted into a criminal prosecution for cheating or criminal breach of trust, the Calcutta High Court has quashed criminal proceedings initiated against Tata Capital Finance Ltd. and its officials. The Court held that even an...
Shocking That Ancient Temple Structures Are Let Out For Rent By HR&CE Unmindful Of Their Responsibility: Madras High Court
The Madras High Court has expressed shock over ancient temple properties being let out on rent by officials of the Hindu Religious and Charitable Department without taking steps to protect the structure. Noting that the Joint Commissioner of the HR & CE was involved in the exploiting of the temple property for financial gain, the bench of Justice G Jayachandran and...
Rahul Gandhi Had No Nexus With Alleged Defamatory Publication: Karnataka High Court While Quashing BJP's Defamation Case
The Karnataka High Court on Tuesday (February 17) quashed proceedings against Congress leader Rahul Gandhi in a criminal defamation case filed by State BJP over an alleged defamatory advertisement and related social media posts, holding that the party was not the aggrieved person. In doing so the court further held that except for the use of his photo, Gandhi had no nexus with the...
Failure Of Joint Real Estate Deal Due To Non-Performance Of Contract Is Civil Wrong, Not Criminal Offence: Calcutta High Court
Holding that the collapse of a joint real estate development arrangement cannot automatically attract criminal prosecution, the Calcutta High Court has ruled that disputes arising out of non-performance of contractual obligations are essentially civil in nature and cannot be given a “criminal colour” in the absence of dishonest intention from the very inception. Observing that...
Film Inspired By Venjaramoodu Murder Case Referred To Revising Committee: Censor Board Tells Kerala High Court
The Regional Officer of the Central Board of Film Certification (CBFC) has filed a counter affidavit before the Kerala High Court stating that the Board's Chairperson has referred the movie 'Kaalam Paranja Kadha' to its Revising Committee.Justice Bechu Kurian was considering a plea challenging the release of the movie filed by the father of the accused person in the Venjaramoodu Mass Murder...
Karnataka High Court Refuses To Interfere In Plea Alleging ₹1.45 Lakh Fraud By Religious Figure, Cites Alternative Remedies
The Karnataka High Court on Tuesday (February 17) refused to interfere in a woman's plea seeking police action on her complaint alleging financial fraud of Rs. 1.45 Lakh by a religious person, granting her liberty to avail alternative remedy of approaching senior police officers and the magistrate court.The petitioner contended that she was duped of certain money by a "religious person"....
Promotion Not A Fundamental Right, But Consideration For Promotion Is A Fundamental Right: Madras High Court Reiterates
The Madras High Court has reiterated that while promotion is not a fundamental right, the employee has a fundamental right to be considered for promotion."It is well settled principle of law that the promotion is not a fundamental right, however, consideration for promotion is the fundamental right," the court said. The bench of Justice SM Subramaniam and Justice C Kumarappan however,...
Karnataka High Court Sets Aside Election Of Congress MLA SN Subbareddy But Rejects BJP Leader's Claim To Be Declared Winner
The Karnataka High Court has set aside the election of Congress MLA SN Subbareddy elected from the Bagepalli constituency in the 2023 legislative assembly polls, over allegations of malpractice raised by the BJP's C Muniraju. The court however partly allowed Muniraju's election petition while refusing to declare him as the winning candidate. After examining various issues raised in the...
Bar On Second Revision Petition Can't Be Circumvented By Clever Drafting: Rajasthan High Court Dismisses NI Act Plea
The Rajasthan High Court has reiterated that a second revision petition is not maintainable and mere clever drafting or change in nomenclature at the time of filing can't circumvent the law.Justice Farjand Ali remarked, "The transformation in procedural attire cannot alter the juridical character of the proceedings...The true nature of a proceeding is to be determined by the essence of the...
Udan Yatri Café Only Outside Security Check: PIL In Calcutta High Court Challenges Placement Of Affordable Food Outlets At Airport
A Public Interest Litigation has been instituted before the Calcutta High Court questioning the effective implementation of the Government of India's Udan Yatri Café scheme at airports, particularly the absence of such affordable outlets inside post-security airside areas where passengers are required to wait prior to boarding. The matter is scheduled to be taken up as a new motion on 2...
Mere Possession Of Bank's Stationery By Employee Without Proof Of Prejudice Not Misconduct: Calcutta High Court
Holding that mere recovery of bank stamps, blank passbooks and letterheads from an employee's residence, without proof of any actual prejudice to the bank, cannot amount to “acts prejudicial to the interest of the bank”, the Calcutta High Court dismissed an intra-court appeal filed by Bank of Baroda and upheld reinstatement of a dismissed workman with full back wages.A Division Bench...