All High Courts
Allahabad High Court Relies On Victim-Wife's Testimony To Uphold Man's Conviction In 1983 Attempt To Murder Case
The Allahabad High Court last week upheld the conviction and 7-year rigorous imprisonment of a man who shot his wife in February 1983 inside their matrimonial home over an unfulfilled dowry demand for a motorcycle. Dismissing the husband's criminal appeal filed in 1985, the Court relied heavily on the testimony of the injured wife, terming her a "sterling witness" whose evidence was...
S. 482 CrPC Plea Not Maintainable Against NIA Court's Refusal To Discharge Even If State Police Probed Scheduled Offence: Allahabad HC
The Allahabad High Court has ruled that an application under Section 482 CrPC or Section 528 BNSS is not maintainable against an order refusing discharge passed by a Special Court under the National Investigation Agency (NIA) Act, even if the state police investigated the scheduled offenceThe Court held that the remedy against such orders is to file a statutory appeal under Section 21(1) of...
Order XLI Rule 27 CPC Inapplicable In Appeal Against Order Of Temporary Injunction: Allahabad High Court
The Allahabad High Court has held that Order XLI Rule 27 C.P.C., which restricts parties form adducing additional evidence before appellate Courts, is not applicable in appeals against order of temporary injunction by the Trial Court. Referring to Order XLI Rule 27 C.P.C, Justice Subhash Vidyarthi held “the aforesaid Rule applies to filing of additional evidence in appeal, after the...
'Gang' In Western UP Insuring Persons On Deathbed; Police Uncooperative: HDFC Life Submits Before Allahabad High Court
HDFC Life Insurance Company has submitted before the Allahabad High Court that an organised gang is operating in Western Uttar Pradesh, which manages to secure life insurance policies for individuals already on their deathbeds or who have died. The company also submitted that, despite complaints, in most of these cases, the Police do not cooperate by conducting a fair investigation to...
Authorities Cannot Rely On 8-Year-Old Notice To Recover Provident Fund Dues Or Freeze Bank Accounts: Bombay High Court
The Bombay High Court has held that authorities cannot freeze bank accounts or recover provident fund dues without issuing a fresh notice and providing an opportunity of hearing to the affected party. The Court observed that reliance on a stale notice issued several years earlier violates principles of natural justice and renders the recovery action unsustainable.Justice Prafulla S. Khubalkar...
Bombay High Court Upholds Closure Of Hotel Over Alleged Prostitution, Says Prior Conviction Not Needed Under Immoral Trafficking Act
The Bombay High Court has held that an order directing closure or eviction of premises under Section 18(1) of the Immoral Traffic (Prevention) Act, 1956, does not require a prior conviction of the owner, occupier or lessor. The Court observed that Section 18(1) is a preventive provision enabling action based on material indicating use of premises as a brothel, whereas the requirement...
Gram Panchayat Employees Absorbed In Municipal Corporation Entitled To Equal Pay For Equal Work: Bombay High Court
The Bombay High Court has held that employees absorbed from Gram Panchayats into a Municipal Corporation are entitled to parity in pay with regular employees if they perform identical duties. The Court observed that denial of equal pay for equal work in such circumstances amounts to discrimination and violates Articles 14 and 16 of the Constitution.A division bench of Justices G. S. Kulkarni...
Mutation Cannot Be Allowed Based On Sale Deed Allegedly Executed 45 Years Ago: Allahabad High Court
The Allahabad High Court has held that even though there is no limitation for mutation in revenue records, the same cannot be allowed based on sale deed allegedly executed 45 years ago. Justice Chandra Kumar Rai observed“It is material to mention that mutation application have been filed by the private respondents after more than 45 years on the basis of sale deed alleged to be executed...
'Appears To Be Eyewash': Gujarat High Court On State Public Service Commission's Affidavit Over Arthashastra Question Row
The Gujarat High Court on Friday (March 20) said that State Public Service Commission's affidavit with respect to source of the question on Kautilya's Arthashastra posed in its recruitment exam last year, appeared to be an eyewash as it did not disclose whether the pdf version of the book relied upon by GPSC was authenticated or not. The court further directed the Gujarat Public...
P&H High Court Commutes Death Sentence In Child's Rape-Murder Case, Awards 50 Yr Imprisonment & ₹75 Lakh Fine
The Punjab and Haryana High Court has held that though the conviction for rape and murder of a minor under the POCSO Act and IPC was fully established, the case did not fall within the “rarest of rare” category, warranting the death penalty. The Court observed that a sentence of 50 years' actual imprisonment without remission would adequately balance the gravity of the offence with...
Surety For Succession Certificate Not Required Where There Is Sole Heir And No Competing Claims: Allahabad High Court
The Allahabad High Court has held that condition of surety for grant of succession certificate under section 375 of the Indian Succession Act, 1925 cannot be imposed mechanically in all cases. It held that in cases where their is a sole heir or no objection is being raised regarding grant of certificate to one heir, such conditions must not be imposed. Section 372 of the Indian Succession...
Custody Dispute Must Be Decided At Child's Place Of 'Ordinary Residence': Karnataka High Court Orders Return Of Minor To Mother In US
In a child custody battle, the Karnataka High Court has recently held that the 'ordinary residence' of the child will be the determining factor to decide the applicable jurisdiction. The High Court underscored that though the father retains his right to seek custody, he must do so in the U.S. Courts where the child ordinarily resides.Asking the father to return the custody of his minor son to...