Husband Must Be Removed From House If It's The Only Way To Maintain Domestic Peace, Absence Of Alternate Accommodation Not Relevant: Madras HC

While allowing a wife's plea for permanent injunction, the Madras High Court has opined that if removal of the husband from home alone is the only way to ensure domestic peace, the Family Courts should not hesitate to pass such orders. The bench of Justice RN Manjula observed,"The protection orders are normally given to ensure the peaceful movement of a woman within her domestic sphere....

Supreme Court Dismisses Plea Challenging Construction Of Lulu Mall At Thiruvananthapuram

The Supreme Court on Tuesday dismissed a plea challenging the construction of LuLu Mall, a popular shopping mall in Thiruvananthapuram, the Capital city of Kerala.The bench of Chief Justice of India NV Ramana, Justices JK Maheshwari and Hima Kohli upheld Kerala High Court's order dated August 13, 2021 passed by the bench of Justice S.V. Bhatti and Justice Bechu Kurian.The bench observed that...

Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates

The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation.Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to...

Reports Of "Christian Persecution" In India False : Centre Tells Supreme Court Opposing Plea By Catholic Bishop & Evangelical Group

The Central Government has opposed a PIL filed seeking directions to stop alleged attacks agaianst Christians in the country by saying that the petitioners have resorted to 'falsehood and some selective self-serving document' and mere conjectures.The preliminary objection has been filed by the Central Government through the Deputy Secretary, Ministry of Home Affairs in response to the...

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse of the process of the law. A single judge bench...

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court

The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature.Meaning thereby, a 'victim' [as defined under Section 2w (wa) of CrPC] has no right to prefer an appeal against an order passed before December 31, 2009, acquitting the accused/punishing...

Madras High Court Stays IT Dept's Order Imposing ₹1.5 Crore Penalty On Actor Vijay For Undisclosed Income

The Madras High Court on Tuesday granted an interim stay on the proceedings initiated by the Income Tax Department against Actor Vijay for "admitted" undisclosed income of Rs. 15 crore in the financial year 2015-16. The bench of Justice Anita Sumanth passed the interim order on an application filed by the actor and directed the Department to file its counter by September 16.The penalty...

Govt Service Rules Must Be Implemented In Uniform Manner Throughout The State: Himachal Pradesh High Court

The Himachal Pradesh High Court has made it clear that service rules framed by a state agency must be applied uniformly throughout the State. The observation came from Justice Vivek Singh Thakur qua the implementation of Himachal Pradesh Kanungo's Service Rules, 1951.The bench made it clear that a decision rendered by the High Court qua Kanungos appointed in District Shimla will also...

Can An Elector Seek To Be Impleaded In An Election Petition? Kerala High Court Answers

The Kerala High Court last week ruled that an elector has a limited right to get impleaded in an election petition and that such right can only be exercised if all the relevant provisions under the Kerala Municipality Act are complied with. Upon analysing the provisions of the Municipality Act and the declaration of law by the Supreme Court, Justice C.S. Dias took the view that the ring is...

S.125 CrPC | Grant Of Maintenance To Child Can Wait Till Veracity Of Claim Is Ascertained In Cases Of Disputed Paternity: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that grant of maintenance to a minor child should be the paramount consideration for a Magistrate dealing with a petition under Section 125 of CrPC but, when the paternity of a child is seriously disputed it would not be prudent for a Magistrate to fasten the liability of maintaining the child without first ascertaining...

Divorce Application Cannot Be Thrown Out Only Because Exact Date Of Marriage Is Not Mentioned: Rajasthan High Court

The Rajasthan High Court has observed that failure to mention the exact date of marriage in an application for divorce alone cannot be the reason for dismissing such application.A bench comprising Justices Sandeep Mehta and Farzand Ali observed that if the Family Court suspects that the averments on the aspect of marriage are inconclusive, it can exercise powers under Section 165 of the...

Writ Court Cannot Examine Transactions Between Bank & Borrower As They Are Essentially Contractual In Nature: Karnataka High Court

The Karnataka High Court has said that writ courts neither have means nor the expertise to re-evaluate the "prudential decisions" of the Banks that are made in the ordinary course of their commercial transactions with accumulated wisdom in the trade. A single judge bench of Justice Krishna S Dixit thus dismissed a petition filed by M/S Nitesh Residency Hotels Pvt Ltd challenging recall...