Quashing Of FIR In Matrimonial Disputes Is Welcome: Delhi High Court Quashes Rape FIR Against Father In Law

The Delhi High Court has observed that in matrimonial offences, quashing of FIR is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo due to a matrimonial case pending between them. "The fact that now-a-days Sections 376 and 354 of IPC are being used along with Section 498-A IPC, which later on are compromised and are brought to this...

In Medical Negligence Case, NCDRC Finds Hospital And Doctors Liable

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that the patient's duty of care starts from the time of admission. The responsibility of care is on treating doctor and hospital till the patient's discharge from the hospital. The bench stated that it appears the doctors in the S.P. Fort hospital in Thiruvananthapuram, Kerala was...

Pujaris & Unauthorised Occupants Of Dharamshalas Cannot Claim Vested Right To Remain In Kalkaji Temple Premises: Delhi High Court

Observing that the occupants of the dharamshalas and pujaris cannot claim a vested right to remain in city's Kalkaji Temple premises, the Delhi High Court has directed that such dharamshalas shall be vacated on or before 6th June, 2022. Justice Pratibha M Singh, who was dealing with a bunch of pleas concerning redevelopment of the temple premises, added that in case of failure to comply with...

Person Not Eligible Under FBS-AIOS Scheme, As There Was Material Concealment In Membership Form; NCDRC

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that the patient concealed material fact that he was free from major ailments and for the last two years he has not suffered from any cancer or underwent any major operation. Material concealment of the Renal Carcinoma in the membership form filled by the deceased, is not acceptable...

Plea Seeks To Initiate Contempt Case Against Dubbing Artist Bhagyalakshmi Over Her Remarks In Kerala Actor Assault Case

A petition has been filed before the Advocate General seeking permission to initiate contempt of court proceedings against dubbing artist and actor K. Bhagyalakshmi for her allegedly contemptuous remarks against the judiciary in the 2017 actor assault case.The plea moved by Kerala High Court Advocate M.R. Dhanil is in light of the fact that Bhagyalakshmi had made certain remarks about the...

Award Cannot Be Remitted To The Arbitral Tribunal Under Section 34 (4) Of The A&C Act, If No Reasons and Findings Are Recorded: Rajasthan High Court

The Rajasthan High Court has ruled that the arbitral award cannot be remitted back to the Arbitral Tribunal under Section 34 (4) of the Arbitration and Conciliation Act, 1996 (A&C Act) if there are no findings recorded in the arbitral award on the contentious issues. The Single Bench of Justice Ashok Kumar Gaur reiterated that discretionary powers under Section 34 (4) of the...

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife."There is no skepticism about the fact that the sister receives maintenance from her husband, but the brother cannot be a mute spectator to...

Twin Conditions For Bail U/S 45 PMLA Declared Unconstitutional By SC Restored By 2018 Amendment: Kerala High Court

The Kerala High Court has recently ruled that while considering a bail application under the Prevention of Money Laundering Act, the twin conditions specified in Section 45(1) of PMLA and the general principles governing the grant of bail under Section 439 of CrPC should be considered.After examining Sections 65 and 71 of the PMLA, Justice Kauser Edappagath found that PMLA has an...

Satyendar Jain's Counsel To Not Remain Present During Interrogation By ED: Delhi High Court Stays Trial Court Direction

The Delhi High Court has stayed the Trial Court direction permitting Health Minister Satyendar Jain's counsel to remain present during his interrogation in connection with a money laundering case.The condition was imposed by the trial Court while remanding Jain to the agency's custody till June 9.A single bench comprising of Justice Yogesh Khanna disposed of the interim application filed by...

"No Concept Of Bigamy In Hindu Religion; Second Wife Not Entitled To Family Pension In Presence Of First Wife": Gauhati High Court

The Gauhati High Court has observed that in the Hindu religion, there is no concept of Bigamy and therefore, a second wife is not entitled to a family pension in the existence of the first wife.The bench of Justice Sanjay Kumar Medhi observed thus in a case wherein Petitioner had moved the Court seeking family pension claiming herself to be the wife of one Biren Deka.She submitted that...

Plea In Supreme Court Challenges Notification Of Muslims, Christians, Sikhs, Buddhists, Parsis & Jains As Minorities At National Level; Seeks District-Wise Identification

A petition has been filed in the Supreme Court seeking directions to identify minorities at district level for the purposes of granting benefits under Article 29 and 30 of the Constitution.The petition seeks to declare the 1993 notification of the Central Government declaring Muslims, Christians, Sikhs, Buddhists, Parsi and Jain as minority at national level, is arbitrary irrational and...

Punjab & Haryana High Court Monthly Digest: May 2022 [Citations 90-124]

Nominal Index Vipul v. State of Punjab2022 LiveLaw (PH) 90 Kulwinder Singh v. State of Punjab 2022 LiveLaw (PH) 91 Tata AIG General Insurance Company Limited Vs. Surjeet Kaur and others, with connected matters 2022 LiveLaw (PH) 92 M/s Experion Developers Private Limited vs. State of Haryana and others 2022 LiveLaw (PH) 93 Lovedeep Singh v. Gurpreet Kaur [CRR(F)-314-2022]...