academy Icon academy Icon lawbiz Icon
Subscribe Premium

 All High Courts

Major Unmarried Daughter Can Claim Maintenance Under Section 125 CrPC Despite Alternative Remedy Under HAMA: Bombay High Court

The Bombay High Court has held that the availability of an alternative remedy under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) does not bar a major unmarried daughter from claiming maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The Court observed that maintenance could not be denied to the daughter merely because she could pursue a separate remedy under...

Mere Expectation Of Large Crowd At Garba Event On Ramlila Maidan Cannot Be Termed Law & Order Situation: Bombay High Court

The Bombay High Court has allowed a cultural organisation to organise Garba at Ramlila Maidan during Navratri, observing that the mere expectation of a large crowd cannot be treated as a law and order situation. The Court held that concerns regarding the annual Ravan Dahan event at the same ground could be addressed by imposing appropriate safety conditions. A division bench of Justices...

Patna High Court Acquits Two Men In NDPS Case, Cites Unexplained Year-Long Delay In Sending Charas Sample For Testing

The Patna HC has held that while a delay in sending seized contraband for forensic examination is not by itself fatal to an NDPS prosecution, the prosecution must establish the chain of custody of the sample. The Court acquitted two men after finding that the alleged charas sample remained unaccounted for nearly a year before reaching the Forensic Science Laboratory (FSL).A Single Judge Bench...

J&K&L High Court Grants Bail To Man Accused Of Wifes Murder After 11 Years In Jail, Says Speedy Trial Is A Fundamental Right

The Jammu & Kashmir and Ladakh High Court has granted bail to a man facing trial for the alleged murder of his wife, holding that the gravity of the accusation cannot justify prolonged pre-trial incarceration when the trial is unlikely to conclude in the near future.Justice Mohd Yousuf Wani passed the order in the case of Hamid Hussain, who had remained in custody for about eleven years in...

Court Custody Till 4 PM, ₹5K Cost: Allahabad High Court Acts Against Woman IO Who Failed To Collect POCSO Accuseds Phone

The Allahabad High Court today directed a woman investigating officer (IO) to remain in the Court's custody until 4 PM and deposit ₹5,000 in the Army Welfare Fund after she admitted that she had 'mistakenly' failed to collect the accused's mobile phone in a POCSO case. The case involves allegations of editing an obscene photograph/video of a minor girl and uploading it on social...

Allahabad High Court Flags Use Of False Victim DOB Certificates In POCSO Cases; UP Govt Proposes School Record Guidelines

About 2 months after the Allahabad High Court flagged cases in which boys around 19-20 years of age were allegedly falsely implicated in POCSO Act cases based on victims' false age certificates, the Uttar Pradesh government has proposed guidelines for recording students' ages at the time of school admission.A bench of Justice Arun Kumar Singh Deshwal was apprised that the proposed...

Karnataka High Court Quashes Immoral Trafficking Case Against Lodge Owners, Cites Absence Of Woman In Raiding Team

The Karnataka High Court quashed an FIR under Immoral Traffic (Prevention) Act against two men who were running a lodge over allegations of carrying prostitution at the premises, after noting that the raiding party was not accompanied by women as mandated by the provisions.Consequently, Justice Venkatesh Naik T allowed the criminal petition filed by the two men.Referring to several rulings...

Kerala High Court Seeks States Response To Ex-DGP Tomin Thachankarys Plea To Go Abroad For Rejoining Work

The Kerala High Court on Saturday (October 24) sought the response of the State to a plea preferred by ex-Director General of Police Tomin J. Thachankary seeking to go abroad for rejoining his work.Thachankary has sought to modify the conditions imposed by the Court while suspending the sentence awarded to him by the Enquiry Commissioner and Special Judge (Vigilance), Kottayam in...

Allottee Must Be Compensated For Investment If Advertisement Is Withdrawn Due To Authoritys Own Fault: Allahabad High Court

The Allahabad High Court has held that where an advertisement is cancelled after a Letter of Intent has been issued, and the cancellation is the authority's own fault rather than any breach by the allottee, the allottee must be compensated for what he has spent in complying with the Letter of Intent. Moulding the relief under Article 226 of the Constitution of India, the Court awarded...