Criminal Liability U/S 31 Domestic Violence Act Arises Only When Protection Order U/S 12 To 23 Violated: Allahabad High Court

While dealing with application for quashing criminal proceedings under Section 31 of the Protection of Women from Domestic Violence Act, 2005, the Allahabad High Court has held that criminal proceedings under the Act can only be initiated if there is a breach in any conditions of the order passed in civil proceedings under Sections 12 to 23 of the Act.Justice Vinod Diwakar held that“in...

Borrower Can't File Civil Suit Through Tenant To 'Wiggle Out' Of Liability Once Order U/S 14 Of SARFAESI Act Had Been Passed: Allahabad High Court

The Allahabad High Court has held that once an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been passed granting possession to the secured creditor, i.e., bank, the borrower cannot, through a tenant, obtain a stay from the Civil Court to escape liability.The bench of Justice Shekhar B. Saraf and...

₹7K Maintenance 'Absolutely Meagre' Amount In Today's Time: Patna HC Finds Able-Bodied Fruit Seller Husband Capable To Pay

The Patna High Court recently upheld a Family Court order directing a fruit seller husband to pay his wife ₹7,000 per month as maintenance under Section 125 CrPC, as it noted that the said amount is 'absolutely a meagre' sum in today's time. A bench of Justice Bibek Chaudhuri thus dismissed the husband's criminal revision petition while observing that it is not the actual income but...

Marginalised People Pin Hopes On Group C & D Posts; Large-Scale Malpractice By Authorities Erodes Their Faith: Punjab & Haryana High Court

The Punjab and Haryana High Court has strongly criticized the systemic irregularities in recruitment processes for Group C and D posts, emphasizing that such malpractices deeply erode the faith of marginalised sections who view these jobs as a crucial pathway to socio-economic upliftment. These observations were made while finding the Haryana Staff Selection Commission (HSSC) prima facie...

Wife's Occasional Refusal To Have Physical Relations Not Cruelty To Husband Under Hindu Marriage Act: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that a wife's occasional refusal to cohabit with her husband does not amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, unless there is a persistent denial of conjugal relations. In its order passed earlier this week, a Bench of Justice Vishal Dhagat and Justice Ramkumar Choubey also noted that any wife can expect...

'Elections Are Lifeline Of Democracy, Must Be Free, Fair & Transparent; Each Vote Matters': Uttarakhand High Court

The Uttarakhand High Court recently observed that elections are the lifeline of democracy, and since each vote matters, polls must be conducted in a free, fair, and transparent manner. A bench of Justice Ravindra Maithani made the observation while hearing a writ petition filed by Pushpa Negi, who sought directions to ensure that the upcoming election of the Chairman of Zila...

In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court

The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing...

Failure To Commence Trial Violates Wife's Fundamental Rights: Allahabad High Court Orders Daily Hearing In Cruelty Case Pending For 21 Yrs

While dealing with a wife's prayer to direct the Trial Court to commence hearing a cruelty case, the Allahabad High Court observed that it was regrettable that after more than 2 decades of filing FIR & chargesheet, the trial had not commenced.Stating that the Court was conscious of the Trial Court's workload, Justice Vinod Diwakar observed“Notwithstanding the considerable lapse of...

Kerala High Court Advocates' Association Takes Exception To Appointment Of Students As Amici, Writes To CJ Seeking Rules Of Engagement

The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the Kerala High Court outlining the need to incorporate Rules in the Rules of the High Court of Kerala regarding the engagement of amicus curiae in cases.Last week, one of the Benches of the Court had appointed two law students as amici curiae in a bail application related to an offence under the NDPS Act...

Presumption U/S 139 NI Act Exists Even If Cheque Issued To NBFC That Charged Interest In Excess Of Money Lenders Act: Kerala High Court

The Kerala High Court has held that the presumption in favour of a cheque holder under Section 139 of the Negotiable Instruments Act exists even if the non-banking financial company (NBFC) to which the cheque was issued charged interest higher than that permissible under the Kerala Money-Lenders Act.Justice M.B. Snehalatha observed:“The Hon'ble Apex Court held that the entire life of a...

Rajasthan High Court Monthly Digest: July 2025

Citations: 2025 LiveLaw (Raj) 222 To 2025 LiveLaw (Raj) 256NOMINAL INDEXKailash v State of Rajasthan; 2025 LiveLaw (Raj) 222Kiran Yadav v The State of Rajasthan & Ors.; 2025 LiveLaw (Raj) 223Kumari Neelam v Jai Prakash Natani & Ors.; 2025 LiveLaw (Raj) 224Shivsingh Meena v State of Rajasthan; 2025 LiveLaw (Raj) 225M/s My Own Eco Energy Private Limited v Union of India & Ors.;...

HP Co-Operative Societies Act | No One Can Be Condemned Unheard, Even If Act Does Not Have Provisions For Filing Objections: High Court

The Himachal Pradesh High Court held that even if the Himachal Pradesh Co-operative Societies Act, 1968, does not have specific provisions for filing objections in execution proceedings, the principles of natural justice must apply and the judgement debtor must be given an opportunity to be heard.Setting aside the order of Collector-cum-Deputy Registrar, Mandi Justice Ajay Mohan Goel...