All High Courts
Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them.While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed –“…fact remains that once a relationship of marriage is found to...
Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court
The Kerala High Court has made it clear that only those subsequent events that completely negate the landlord's needs could be considered as decisive for overturning an already passed eviction order.The Court stated that generally rights and obligations of the parties are assessed based on the circumstances at the time the legal proceedings began but, there are exceptions to this general rule....
'Intolerance Of Orthodoxy A Bane Of Indian Society': Bombay HC Quotes AG Noorani, Quashes Case Against Kailash Kher For Hurting Religious Feelings In Song
Observing that 'intolerance and dissent' from the orthodoxy have been a 'bane' of the Indian society for centuries, the Bombay High Court on Wednesday quashed the criminal case initiated against Bollywood singer Kailash Kher, who was accused of hurting the religious sentiments of the Hindu community in his popular song 'Babam Bam' - a track on Lord Shiva.A division bench of Justices...
Punjab & Haryana HC Declares Punjab Govt's Notification On Resuming Ownership Rights In Rajpura's Industrial Estate Projects As Inoperative
The Punjab & Haryana High Court has declared Punjab Government's decision to “resume” ownership rights in ongoing projects in Rajpura's Industrial Estate as "inoperative."Justice Sureshwar Thakur and Justice Vikas Suri said, "there is a necessity of passing a fresh speaking decision, in accordance with law, as such both the interest of justice and equity demands, that the...
Bombay High Court Permits Man Convicted Of Electricity Theft To Travel For Haj Pilgrimage
The Bombay High Court recently permitted a man convicted for 'electricity theft' to go on Haj Pilgrimage along with his family after noting that his appeal challenging his conviction will not be taken up in the near future. Justice Abhay Waghwase permitted forty-three-year-old Rahim Khan Sandu Khan, who was convicted by a sessions court in October 2016 under section 135 of the Indian...
Bombay High Court Asks DGP To Consider Man's Complaint About Cop & Women Lawyers Running 'False Rape Cases' Racket
Observing that even genuine cases of rape get affected because of 'false rape cases', the Bombay High Court on Wednesday ordered the Director General of Police (DGP), Maharashtra to consider the representation of a Navi Mumbai-based man, who has sought an enquiry against a police officer, who has been 'instrumental' in lodging false rape cases against 'innocent men' at the behest of...
Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court
The Jammu and Kashmir High Court has held that once the magistrate records the preliminary statement of the complainant and proceeds to direct an inquiry to ascertain the truth of the matter, it is not open to the magistrate to direct the police to register an FIR.Justice Sanjay Dhar observed that once the magistrate opts for the complaint case procedure by taking the preliminary statement of...
Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by the Court under...
In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC
The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force.“The administrative authority while exercising jurisdiction and effect transfers in pursuance of G.O.Ms.No.75...
Shahabas Murder Case: Kerala High Court Seeks Govt's Response On Father's Plea To Prevent Accused Children From Writing Class 10 Exam
The Kerala High Court on Monday (10th March) gave further time to the State government to file its response to the petition filed by father of Shahabas, a class 10 student who was allegedly attacked by his tuition fellows in Kozhikkode, leading to his death.Shahabas' father Muhammed Iqbal seeks to prevent the accused children from writing the 10th SSLC examination, scheduled between March 03...
Pleadings In Civil Suit Not Document/Instrument, Cannot Be Registered By Authorities Or Entered In Encumbrance Certificate: Madras HC
The Madras High Court has clarified that pleadings in a civil suit is not a document or instrument to be registered under the Registration Act or the Stamp Act. The court added that authorities cannot entertain the pleadings or make entries regarding the same in the encumbrance certificate. Justice Anand Venkatesh made the observations noting that previously, the courts have ruled...
Gauhati High Court Directs Registry To Seek Report From Concerned Courts Regarding Delay In Progress Of Pending Cases Against MPs/MLAs
The Gauhati High Court on Tuesday (March 11) asked for specific reports from the concerned Courts indicating the reason as to why, the pending cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) could not progress further.The division bench comprising Justice Suman Shyam and Justice Arun Dev Choudhury was hearing a suo moto writ petition regarding status...