“Partition Rights Can't Be Decided On Technicalities”: Bombay High Court Allows Written Statement After 8-Yr Delay

The Bombay High Court has held that delay in filing a written statement may be condoned in partition suits where denial of such opportunity would prevent effective adjudication of the rights of the parties. The Court observed that refusal to permit a defendant to file a written statement may hinder proper determination of rights in the property and prolong the litigation.Justice Ajit...

Authorities Can't Undermine Court Order By Initiating Belated Enquiry To Deny Promotion: J&K&L High Court

The Jammu & Kashmir High Court held that the State cannot defeat the effect of a judicial decision by initiating a belated departmental enquiry and simultaneously declaring an employee “unfit” for promotion. The Court observed that such administrative action amounts to an attempt to neutralise the relief granted by the Court and violates the rule of law.A bench of Justice Javed Iqbal...

Mere Possession Of Combustible Material Without Ignition Not 'Mischief': Madras High Court Quashes Case U/S 435 IPC

The Madras High Court recently quashed a criminal case against a group of men for allegedly attempting to damage public property using combustible material near the Central Bus Stand, Udhagamandalam. Justice AD Jagadish Chandira noted that when there was nothing to show that the men had lit the combustible material, it could not be said that mischief had been committed. “To...

Bombay High Court Orders Partition Of Yerawada Property In Suit Pending Since 1950, Closes 75-Year-Old Family Dispute

The Bombay High Court has ordered the partition of a property in Pune's Yerawada area, bringing partial closure to a family dispute that has been pending since 1950. The Court directed that the remaining portion of the land be divided among the concerned parties according to a plan prepared by an architect and approved by the Court.Justice Farhan P. Dubash was hearing proceedings in...

Bombay High Court Closes Plea On LPG Shortage After Centre Assures Issue Being Handled At Diplomatic Levels

The Bombay High Court on Tuesday closed a petition highlighting the shortage of LPG cylinders for local consumers, after the Central Government assured that it is taking all possible steps both internationally and domestically to ensure there is no hardship to citizens. A division bench of Justice Anil Kilor and Justice Raj Wakode took into account the affidavit filed through Solicitor...

“Salary Cannot Be Held Hostage To Bureaucratic Delay”: Bombay HC Raps Authorities Over Pending Shalarth Proposals, Fixes 60-Day Timeline

The Bombay High Court has expressed serious concern over the practice of education authorities keeping proposals relating to teachers' inclusion in the Shalarth system pending for months or even years, resulting in teachers being deprived of their lawful salaries. The Court observed that once the appointment of a teacher on an aided post has been duly approved, inclusion of the teacher's name...

Karnataka High Court Refuses To Quash Child Marriage Case Against Groom, Families; Warns Temples, Priests And Marriage Halls Of Liability

The Karnataka High Court has refused to quash a Child Marriage case against the groom as well as the families of the groom and the minor girl, by underscoring that ignorance of law or factum of a cordial marital relationship would not legalise the wrong already committed.“Parents who ought to bless their daughters with encouragement, education and empowerment, instead bless them with...

Person Convicted For Gang Rape Of Minor Not Absolutely Barred From Open Air Camp; Rule Allows Exceptions: Rajasthan High Court

The Rajasthan High Court has held that a person convicted for gang-rape of a minor though ineligible to be shifted to open air camp, can be considered for the relief in case of exceptional circumstances.The division bench of Justice Farjand Ali and Justice Sandeep Shah noted that Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 prescribes classes of prisoners who shall...

Telangana High Court Discharges CA, Businessman In PMLA Case; Finds No Direct Role In Money Laundering

Quashing a money laundering case against a chartered accountant and a businessman accused of assisting in layering of funds in an alleged bank fraud case, the Telangana High Court observed that prosecution under PMLA cannot be sustained based on uncorroborated statements of co-accused.A Single Judge Bench of Justice E.V. Venugopal while referring to Supreme Court judgments observed:"When...

'Remission Schemes Motivate Prisoners To Maintain Good Behaviour': Patna High Court Orders Reconsideration Of Life Convicts' Plea

The Patna High Court has held that remission schemes serve an important reformative purpose and act as a healthy motivation for prisoners to maintain good behaviour. It accordingly directed the Bihar State Sentence Remission Review Board to reconsider the remission applications of two convicts who had been sentenced to life imprisonment for abducting children for extortion.Justice Jitendra...

Husband Being A 'Drunkard' Can't Lead To Presumption That He Killed Wife Over Strained Relationship: Madras High Court Sets Aside Conviction

The Madras High Court recently set aside the conviction of a man for allegedly murdering his wife over their strained relationship. The bench of Justice Anand Venkatesh and Justice P Dhanabal held that merely because the couple had a strained relationship and the husband was a drunkard, it could not lead to a presumption that he killed the wife, in the absence of any evidence to prove...

One-Year Discharge Period For Ex-Servicemen Quota Should Be Counted From Date Of Exam Results, Not From Last Date Of Application : Delhi HC

A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that where eligibility rules are ambiguous, they must be interpreted in favour of the candidate, and the one-year discharge period for Ex-Servicemen should be counted from the date of exam results, not the last date of application for exam. Hence, a candidate serving in the...