“Vexatious Claim To Grab Property”: Madras High Court Rejects Suit Against Boney Kapoor, Daughters Over Sridevi's Property

The Madras High Court has allowed a plea filed by filmmaker Boney Kapoor and his daughters Janhvi and Kushi Kapoor seeking to reject a plaint filed against them in connection with the late actor Sridevi's property near the East Coast Road. Noting that the cause of action raised against the trio is not sustainable, Justice TV Tamilselvi remarked that the “vexatious” claim was made...

Maternal Grandmother Taking Care Of Child Can Maintain Minor's Plea Under Sec 125 CrPC: P&H High Court

The Punjab & Haryana High Court has held that a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance on behalf of a minor child is maintainable even when filed by the maternal grandmother, if she is the one actually caring for the child.The Court underscored that beneath the technical objection of maintainability lay a deeper issue—whether a...

Madras High Court Issues Notice On Plea Challenging Rajiv Gandhi Assassination Convict Perarivalan's Enrolment As Advocate

A plea has been filed in the Madras High Court challenging the enrolment of AG Perarivalan— one of the convicts in the Rajiv Gandhi assassination case— as an advocate with the Bar Council of Tamil Nadu and Puducherry. The vacation bench of Justice S Sounthar and Justice PB Balaji has issued notice to the respondents – Bar Council of India, Bar Council of Tamil Nadu and...

Madras High Court Directs Registry To List Plea Seeking FIR, PMLA Probe Against TVK Chief Vijay Over Alleged Suppression Of Income

The Madras High Court has directed its Registry to number and list a plea seeking probe into alleged suppression of income by TVK chief and Chief Minister-elect Vijay. The plea has also sought for registration of an FIR against Vijay and a probe by competent authorities under the Prevention of Money Laundering Act. Noting that the Registry had not numbered the petition over doubts on...

S.361 IPC | Merely Accompanying Minor Who Left Home Voluntarily Not Kidnapping From Lawful Guardianship: MP High Court

The Madhya Pradesh High Court has clarified that an adult merely accompanying a minor who has left home voluntarily of their own accord would not constitute the offence of kidnapping from lawful guardianship. For context, Section 361 IPC reads that any person who takes or entices a minor (under 18 years in case of females) out of the custody of a lawful guardian without the consent of...

Calcutta High Court Acquits Husband In 30-Year-Old Dowry Death Case, Finds No Proof Of Abetment To Suicide Or Cruelty

The Calcutta High Court has set aside the conviction of a husband under Sections 306 and 498A of the IPC in a 1994 suicide case, holding that the prosecution failed to establish the essential ingredients of abetment or cruelty beyond reasonable doubt. Justice Chaitali Chatterjee Das allowed the criminal appeal and acquitted the appellant, observing that there was “no direct act or incitement...

Person Migrating To Another State Can't Carry Scheduled Caste Status Even If Same Caste Is Recognised There: MP High Court

Recognition as a scheduled caste is based on social, economic and educational backwardness existing in the home state and may not necessarily be the same in another state.

EPF Act | Employees Of Exempted Establishments Entitled To Higher Pension If PF Contributions Were On Actual Wages: Karnataka High Court

The Karnataka High Court has held that employees belonging to exempted establishments could still claim higher pensions post-2014 under the Employees' Pension Scheme, 1995 [Scheme, 1995], through a joint option, provided that they have been contributing on actual wages to the provident fund, even when the contribution is paid on capped wages to the pension scheme.The single-judge bench of...

Delhi High Court Denies Bail To 'Faith Healer' Accused Of Sexually Assaulting Minor Under Pretext Of Removing 'Jinn'

The Delhi High Court has recently denied bail to a man accused of sexually assaulting a minor girl under the pretext of performing spiritual healing to rid her of a “jinn”.Justice Swarana Kanta Sharma observed that the material on record prima facie indicated that the accused, stated to be a Maulvi, “took undue advantage of the vulnerable physical and mental condition of the prosecutrix...

How Should Courts Try Proclaimed Offenders? Allahabad High Court Explains 'Trial In Absentia' Procedure U/S 356 BNSS

In a significant judgment, the Allahabad High Court recently detailed an exhaustive step-by-step procedure for conducting criminal trials in the absence of a proclaimed offender as per Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023. A bench of Justice Praveen Kumar Giri termed the provision as a 'landmark' one for introducing the concept of 'Trial in Absentia' into...

'Ensure Smooth Conduct Of National Lok Adalat For Traffic Challan Settlement; Access To Justice Must Not Be Hindered': Patna HC

The Patna High Court has issued a series of directions to ensure smooth and orderly conduct of the upcoming National Lok Adalat for disposal of traffic challan matters, emphasising that access to courts must remain unhindered and that arrangements must be made to handle the expected large footfall.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing...

Bombay High Court Flags Rising Trend Of NBFCs Unilaterally Appointing Arbitrators, Deprecates Practice

The Bombay High Court recently flagged the disturbing trend in arbitration matters, wherein non-banking finance companies (NBFCs) resort to appointing 'unilateral' arbitrators through 'institution' or 'algorithm-based' selection, which the court held to be illegal and against the settled law laid down by the Supreme Court. Single-judge Justice Somasekhar Sundaresan in an order passed on April...