All High Courts
'Unmarried Major Parents Are Entitled To Live Together': Allahabad High Court Grants Police Protection To Interfaith Live-In Couple
The Allahabad High Court on Tuesday granted police protection to an interfaith live-in couple, while hearing a plea filed by their minor daughter which claimed that the erstwhile in-laws of the child's mother threatening the couple. A division bench of Justice Shekhar B Saraf and Justice Vipin Chandra Dixit in its order observed that it appeared that the biological father and mother of the...
No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court
The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale has held that the arbitrator can allow the parties to withdraw their claims to initiate fresh arbitration proceedings by issuing a new notice of arbitration, provided that the legitimate interests of the other party are not prejudiced. Brief Facts: An agreement was executed between the Petitioner, in...
'Dying Declaration Need Not Be Addressed To A Particular Person': Orissa HC Upholds Conviction Of Man For Brother's Murder
The Orissa High Court has held that a dying declaration need not be addressed to a particular person and even the deceased yelling in pain, disclosing name of the murderer, can also be accepted as a valid dying declaration, if Court is satisfied about the voluntariness as well as veracity of the declaration.While upholding the conviction of a man for murder of his brother, the Division Bench...
Human Teeth Not 'Dangerous Weapon', Injury Caused By It Falls U/S 323 IPC And Not 324 IPC: Bombay High Court
The Bombay High Court has observed that causing injury by biting with human teeth constitutes 'voluntarily causing hurt' under Section 323 IPC rather than Section 324 IPC as human teeth cannot be considered as a 'weapon'.A division bench of Justice Vibha Kankanwadi and Justice Sanjay A. Deshmukh were considering applicants' plea for quashing of proceedings against them. The applicants were...
'Victim Herself Invited Trouble, Was Responsible For It': Allahabad HC Grants Bail To Man Accused Of Raping College Student
The Allahabad High Court recently granted bail to a man accused of committing rape against a college student, as it noted that the victim had 'herself invited trouble' and was 'responsible' for the alleged act of rape. The victim alleged that the accused, whom she met at a bar, raped her twice in his relative's apartment after she had agreed to go to his place to rest, as she was...
Orissa High Court Stays NHRC's Proceedings Against KIIT University In Nepali Student's Death Case
In a temporary relief to the Kalinga Institute of Industrial Technology (KIIT), the Orissa High Court has granted an interim stay on the proceedings and actions initiated by the National Human Rights Commission (NHRC) following the alleged suicidal death of a female under-graduate student from Nepal in February.While passing the said order, Dr. Justice Sanjeeb Kumar Panigrahi observed...
Kerala High Court Reverses Acquittal Of Five RSS Workers In JDU Leader's Murder; Hands Down Life Imprisonment
The Kerala High Court has reversed a Sessions Court order acquitting five RSS workers from charge of murdering Deepak, a Janata Dal (United) party Office Bearer. A Division Bench of Justice P. B. Suresh Kumar and Justice Jobin Sebastian allowed the appeal preferred by the State and Deepak's wife, and sentenced the quintet to undergo life imprisonment for offence under Section 302 IPC....
NOIDA Authorities Deposited Party's Tax Under Wrong Head: Allahabad HC Directs Compensation To Assessee For Penalty Imposed U/S 73 Of GST Act
Recently, the Allahabad High Court has directed the New Okhla Industrial Development Authority (NOIDA) to compensate the assesee Rs. Rs.19,22,778/- which was imposed on the assesee as tax and penalty in proceedings under Section 73 of the Goods and Service Tax Act, 2017. Petitioner rented out his property in Gautam Budh Nagar(Noida). The rent received from the property was...
Matrimonial Disputes Can Be Frustrating For Parties Involved; Lawyers Must Not Fuel Allegations But Advise On Resolution Of Disputes: Delhi HC
While admonishing a husband for his misbehaviour against his wife's counsel in matrimonial proceedings, the Delhi High Court remarked that lawyers have a responsibility to advise their clients towards resolving the dispute rather than making allegations against the other party. It further remarked that while matrimonial disputes could be frustrating, the litigants cannot misbehave with...
Spouse Having Schizophrenia Not Ground For Divorce Unless Disorder Of Such Degree That Partner Can't Be Expected To Live Together: Patna HC
The Patna High Court has held that mere allegations of a mental disorder such as schizophrenia cannot justify a plea for divorce unless it is proved that the disorder is of such a kind and degree that the partner cannot reasonably be expected to live together. The Court emphasised that vague or unsubstantiated claims regarding mental illness or cruelty are insufficient to attract the grounds...
Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial For Cheque Dishonour A Nullity: Chhattisgarh HC Reiterates
The Chhattisgarh High Court has reiterated held that even if there is an infirmity in the cheque return memo, it would not render the entire trial under Section 138 Negotiable Instruments Act for cheque dishonour as nullity.Justice Narendra Kumar Vyas in his order observed that the trial court in the instant case had held that the cheques were given towards liability not as security as...
Patna High Court Directs Transfer Of Final-Year BDS Student To Govt College After Derecognition Of Private Institute
The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.Justice Anjani Kumar Sharan,...