All High Courts
Delhi High Court Issues Notice On PIL To Reduce Bird Strike With Aircrafts, Close Illegal Slaughterhouses Near IGI Airport
The Delhi High Court on Wednesday issued notice on a public interest litigation seeking to reduce bird aircraft strike hazard and to close illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Directorate General of Civil...
Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code. A bench of Justice Parthivjyoti Saikia added that the word “cruelty” for the purpose of Section 498(A) IPC is to be established in the context of Section 498(A),...
Quashing Of Drunken Driving Charge U/S 185 MV Act Doesn't Nullify Prosecution Initiated U/S 279 IPC For Rash Driving: Kerala High Court
The Kerala High Court has allowed continuation of prosecution against an alleged offender under Section 279 of the IPC for rash and negligent driving, even while quashing proceedings against him under 185 of the Motor Vehicles Act for drunken driving due to non-compliance of procedural requirements.Justice G. Girish observed that Section 297 of IPC and Section 185 of the MV Act are...
Krishna Janmabhumi Dispute | Allahabad HC Allows Impleadment Of UOI, ASI As Defendants In Hindu Plaintiffs' Suits With ₹5K Costs
In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court on March 5 allowed amendment applications moved in two suits pending before the HC to implead Union of India through Secretary Ministry of Home Affairs and the Archaeological Survey of India (ASI). A bench of Justice Ram Manohar Narayan Mishra allowed the application subject to a cost...
S.45 Indian Evidence Act | Court Can Refuse Expert Opinion For Comparing Signatures If No Doubt Exists Regarding Genuineness: Rajasthan HC
The Rajasthan High Court has affirmed that normally a court shall seek expert opinion under Section 45 of the Indian Evidence Act when it has to compare admitted and disputed signatures. However it can refuse such expert opinion only if there are "no doubts regarding the genuineness" of the signatures after comparison.Justice Anoop Kumar Dhand referred to Section 45 which provides that the...
[S.197 CrPC] Want Of Sanction For Prosecution Extended To Members Of Kerala Police Entrusted With 'Maintenance Of Public Order': Kerala HC
The Kerala High Court has held that sanction is required to prosecute members of Kerala Police who are responsible for maintaining public order. The Court also relied upon Sarojini v Prasannan (1996) to clarify that maintenance of public order is a subset of law and order.Notably, Section 197 of CrPC protects judges and public servants from false, vexatious or malafide prosecution. Section...
Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act
Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C(2) of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. The court clarified that a “cease and desist” direction in an order declaring a transfer illegal does not automatically create monetary entitlements. Furthermore, it...
Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry
The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...
J&K HC Directs Review Of Security Measures After Girl Seeking Protection For Marrying Against Family's Wishes Was Forced Out Of Court By Brother
The Jammu and Kashmir High Court has voiced its serious anguish and concern about the developments which took place on the court premises wherein a petitioner girl was forced out of the corridors of the court against her wishes by a civilian, who was said to be her brother.The petitioner and her husband had approached the J&K High Court seeking protection after marrying against...
'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple
The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade.Highlighting severe marital dissensions between the husband...
Cannot Come To Rescue Of Proclaimed Offender Seeking Quashing Of Detention Order At Pre-Execution Stage: J&K High Court
The Jammu and Kashmir High Court held that the constitutional courts have a limited jurisdiction to interfere with the detention order at the pre-execution stage. It added that such remedy cannot be even otherwise be sought by a person who is evading the legal process of the court.The petitioner sought to challenge the detention order at the pre-execution stage stating that earlier...
Delhi High Court Refuses Interim Bail To PFI Leader Shahid Nasir In UAPA Case, Asks Him To Move Special NIA Court
The Delhi High Court has refused to grant interim bail to Popular Front of India (PFI) leader Shahid Nasir in a case registered by NIA under UAPA. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that the application for interim bail ought to be first moved before the Special NIA Court.“This Court has not considered the merits of the matter....






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