All High Courts
MP High Court Upholds Family Court Order Allowing Husband's Plea For DNA Test To Prove Wife's Adultery
The Madhya Pradesh High Court has upheld an order of the Family Court allowing a husband's plea for DNA test of a girl child, to back his adultery allegations against the wife.The bench of Justice Vivek Jain observed; "...respondent husband has pleaded that he is in Indian Army and was called in October, 2015 by the wife who is Constable in MP Police. Within four days he was informed that by...
Order VI Rule 17 CPC | 'Due Diligence' Test Not Mandatory For Every Amendment Of Plaint Sought After Trial Commences: Karnataka High Court
The Karnataka High Court (Dharwad bench) has held that amendment of plaint under Order VI Rule 17 CPC is permitted even after commencement of trial despite non fulfilment of due diligence test, adding that the test does not have universal application and in appropriate cases such amendment is permitted. Justice Anant Ramnath Hegde was hearing a plea challenging the petitioners...
High Court Dismisses Plea Challenging Appointment Of Haryana AG
The Punjab and Haryana High Court has dismissed a petition challenging the appointment of the Advocate General of Haryana, holding that once the constitutional eligibility under Article 165 of the Constitution is satisfied, allegations of impropriety or desirability are beyond the limited scope of quo warranto jurisdiction.The Court noted that a bare perusal of Article 165 of the...
Preventive Detention Illegal If In-Camera Witness Statements Not Verified Before Proposal Under Dangerous Activities Act: Bombay High Court
In a significant judgment, the Bombay High Court held that Preventive Detention is a 'punishment without a trial' and thus, a detention proposal made by a sponsoring authority without prior verification of the in-camera witness statements is materially defective and illegal and such a detention order cannot sustain in law. A division bench of Justice Ajay Gadkari and Justice Ranjitsinha...
Madras High Court Appoints Retired Judge To Supervise Allotment Of Shops At Marina Beach
The Madras High Court has appointed retired high court judge to supervise the allotment of shops at the Marina beach in an attempt to reduce the number of hawkers at the beach. The bench of Justice R Suresh Kumar and Justice AD Jagadish Chandira appointed Justice N Paul Vasanthakumar, former Chief Justice of Jammu and Kashmir High Court to act as the monitoring authority for...
AKG Centre Row: Kerala High Court Seeks State's Stand On Kerala University Ex-Registrar's Plea Alleging CPI(M)'s Encroachment Of Varsity Land
The Kerala High Court on Thursday (January 22) directed the State to file a counter responding to the public interest litigation preferred by Kerala University ex-Joint Registrar, challenging the assignment of the University's land to AKG Centre for Research and Studies in the year 1977.In the plea, it is mentioned that though only 15 cents is stated to have been assigned by the government...
Pujari Has No Proprietary Right Over Temple Land, Can't Claim Adverse Possession: Gujarat High Court
The Gujarat High Court dismissed a temple priest's appeal against an order rejecting his claim for adverse possession over the religious structure situated on a public access road, holding that a priest had no proprietary right over the land was only "servant to a deity" and thus could not make such a claim. Justice JC Doshi was hearing a dispute which arose from a civil suit filed by...
Inadvertent Error In Recruitment Notice Doesn't Create Vested Right To Appointment When No Vacancy Exists: Delhi High Court
The Delhi High Court has set aside an order of the Central Administrative Tribunal (CAT) which had directed the appointment of a candidate on the basis of an erroneous recruitment advertisement where no actual vacancy existed for the reserved category.A division bench of Justices Anil Kshetarpal and Amit Mahajan held that a mistake in the notification cannot create a vested right to...
Father Who Rapes His Daughter Can't Be Shown Any Leniency In POCSO Case: Delhi High Court Upholds Conviction
The Delhi High Court has held that a father who rapes his daughter cannot be shown any relaxation in POCSO cases. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain upheld the conviction of a father for repeatedly raping his minor daughter studying in 6th standard in July 2021. The minor stated that her father had forcibly established physical relations with her when...
MACT | 50% Deduction From Income Of Deceased Bachelor Not Mandatory If He Had Dependent Parents: Punjab & Haryana High Court
Holding that a bachelor earning member of a family has a moral, social and filial obligation to support his aged parents and would not spend half of his income solely on himself, the Punjab and Haryana High Court enhanced compensation awarded in a motor accident claim, reducing the deduction towards personal expenses to one-third instead of 50%.Justice Harkesh Manuja said, "it has come on...
'Does Maintaining Law & Order Mean Event Be Cancelled?': Karnataka High Court Questions Police Over Recommendation To Cancel Fair
The Karnataka High Court on Wednesday (January 21) orally questioned the police on why it recommended cancellation of a traditional fair sought to be conducted in Chithradurga district over apprehension of a possible law and order situation.The court was hearing a plea seeking a direction to the tahsildar and the police officer to forthwith consider the petitioner's representation of...
Cognizance After Limitation Impermissible; 'Bona Fide Oversight' & 'Usual Practice' No Excuse For Magistrate: Allahabad High Court
The Allahabad High Court on Monday quashed criminal proceedings in a theft case where cognizance was taken by the Magistrate beyond the mandatory period prescribed under Section 468 CrPC [Bar to taking cognizance after lapse of the period of limitation].The Court took strong exception to the explanation offered by the then Chief Judicial Magistrate, Firozabad, who submitted that, as per the...