All High Courts
Defense Counsel Can't Be Precluded From Cross-Examining Child Witness Unless He Misuses Liberty & Makes Child Uncomfortable: Kerala HC
The Kerala High Court has ruled that there are no statutory provisions in the newly enacted criminal laws, the POCSO Act, or the Guidelines for Recording of Evidence of Vulnerable Witnesses of 2024 issued by the High Court that permit screening of child witness from the defense counsel.Justice C. Jayachandran observed that it must be presumed that the legislature has considered all the...
High Court Summons Punjab's Principal Jail Secretary Over Failure To File Compliance Report On Directions To Release Prisoners On Parole
The Punjab & Haryana High Court on Thursday directed the Punjab's Principal Secretary Jails to remain present in the Court on the next date of hearing, to explain as to why the report in compliance of various directions issued by full bench for parole release of inmates was not filed.A full bench in September, 2024 while issuing slew of direction on release of the inmates on parole had...
Plaint Cannot Be Rejected Even If No Satisfaction Is Recorded By Court On Bypassing Pre-Institution Mediation U/S 12A Of Commercial Courts Act: Calcutta HC
The Calcutta High Court bench of Justice Raja Basu Chowdhury has held that admission of the plaint by the Commercial Court without recording satisfaction as to whether the requirement of pre-institution mediation under section 12A of the Commercial Courts Act, 2015 (“Commercial Courts Act”) can be bypassed and a case for urgent relief is established, cannot be said to be fatal and...
Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC
The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution.Justice C.S. Dias said, “…the State Commission is not empowered to dismiss a complaint for default or non-prosecution, but is obliged to decide the complaint on its merits.”The order was passed relying upon Sections 37-B, 38 and 49 of the...
Adoption Of Hindu Child In Hindu Family Can Be Done Without Registered Deed: Punjab & Haryana High Court
The Punjab & Haryana High Court on Thursday observed that the adoption of a Hindu child in Hindu family under the Hindu Adoptions and Maintenance Act can be done even without registered deed.The case pertains to compassionate appointment in Railways, of an adoptive daughter whose appointment was denied because in Class 10th certificate names of her biological parents were reflected instead...
High Court Orders Action Against 4,000 Illegal Constructions In Gurugram's DLF City
The Punjab & Haryana High Court has issued a writ of mandamus to the Haryana state authorities, asking them to take “prompt action” against over 4,000 unauthorized constructions in Gurugram's DLF City, within two months.The Court took note of local administration's involvement in allowing “land mafias” to construct unauthorised buildings which are comping up at...
'Those Affected May Approach Us In Case Of Any Action By Authorities': Uttarakhand HC On Pleas Against UCC
In a temporary relief for individuals affecetd by the implementation of the Uniform Civil Code in the state of Uttarakhand, the Uttarakhand High Court bench, led by Chief Justice G. Narendar, today asked those affected by the UCC, to approach the court if they face any action by the authorities under the Code."If any individual is affected, they may approach this bench...If any action,...
Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court
The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The case was registered against the husband, parents and the relatives in 2019....
Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court
The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice Amit Mahajan said. The Court observed that...
Accused Fled To America To Evade Trial, Punjab & Haryana High Court Imposes Cost In US Dollars
The Punjab & Haryana High Court has imposed a cost of $10,000 US dollar cost on an accused, who fled to America after obtaining bail in 2004 so as to evade trial in a fraud case for "almost 20 years."Justice Sandeep Moudgil said, "There is no denial to the fact that due to petitioner's act, delay has occurred in trial proceedings and has caused prejudice to the other side and to...
Madras High Court Upholds Rejection Of AI-Human Integration Patent Claim
The Madras High Court bench dismissed an appeal seeking a review of a patent claim for a product designed to integrate human and AI capabilities. The appeal was filed by Caleb Suresh Motupalli before the single bench of Justice Senthilkumar Ramamoorthy, challenging the order of the Controller of Patents. Upon review, the court found no sufficient grounds to interfere with the...
Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court
The Delhi High Court has recently ruled that details about passport and personal identification documents cannot be disclosed to a third party under the Right to Information Act, 2005. Justice Sachin Datta referred to various judgments on the issue and said:“…disclosures which may be sought by a third party under the provisions of RTI act pertaining to passport or any other...