Children Aged 16 Yrs, Competent To Decide Their Inclination To Reside With Either Parent: Madhya Pradesh HC Refuses To Grant Custody To Mother

The Madhya Pradesh High Court, Indore Bench recently refused to pass an order of child custody in favour of the Appellant-mother, upon noting that the children themselves had expressed their inclination to reside with their father."It is true that both of them are minor, however, the age of 16 years is not such an age where a child, given a choice, is not able to make up his or her mind as...

Right To Be Forgotten : Kerala High Court Formulating Information Management Policy To Mask Personal Information In Judgments

The Kerala High Court on Thursday declared that it was in the process of drafting an Information Management Policy which could possibly address the issue of masking of the parties' names in its orders and judgments. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas announced so while adjudicating upon a batch of seven petitions seeking the remedy of masking...

UP Urban Rent Regulation Act - Landlord Need Not Be Unemployed To Seek Eviction On The Ground Of Bonafide Need : Supreme Court

The Supreme Court observed that a landlord is not required to be "unemployed" to seek eviction on the ground of bona fide requirement under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.All that the provision contemplates is that the requirement so pleaded by the landlord must be bona fide, the bench comprising Justices UU Lalit and...

No Protest, Processions Shall Be Permitted In Bengaluru Except At Freedom Park: Karnataka High Court

The Karnataka High Court on Thursday directed the state government to forthwith ensure that no protest, meetings, processions, etc. are held in the city of Bengaluru, by any group, political parties, organisation, etc., except at the Freedom Park, in an organised manner and by ensuring that traffic in the city is not adversely affected, especially during rush hours. A division bench...

Implement Facilities To Enable Free Movement Of Persons With Disabilities In Public Places: High Court To Delhi Govt

The Delhi High Court has asked the Delhi Government to endeavour to implement suggestions of stakeholders on the facilities to encourage movement of persons with disabilities in public places, including completion of civil works, at the relevant places in the city by the end of March. Justice Najmi Waziri was dealing with a petition filed by a young school girl who was permanently...

States Cannot Levy Excise Duty On Alcohol Which Is Not Fit For Human Consumption: Supreme Court

The Supreme Court observed that States have power to levy excise duty only in respect of the alcoholic liquor for human consumption. Alcoholic liquors other than for human consumption have been left to the Central Legislature for levy of duty of excise, the bench comprising Justices L. Nageswara Rao and BR Gavai noted.The Orissa High Court, in this case, had set aside demand notice issued to ...

Calcutta HC Directs Students To Not Obstruct Functioning Of Visva Bharati University, Grants Police Protection To Management

The Calcutta High Court on Thursday extended police protection to the Registrar, Assistant Registrar and the management of the Visva Bharati University so that they are able to carry out their day to day duties inside the campus without any obstruction from the agitating students. Reportedly, more than 200 students are currently protesting inside the University campus demanding the...

Delhi Govt vs Centre : Supreme Court Issues Notice On Plea Challenging GNCTD (Amendment) Act 2021; 3 Judge Bench To Hear Issue Relating To Power Over Services

The Supreme Court on Thursday issued notice in Delhi Government's petition challenging the Constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, which increased the powers of the Delhi Lieutenant Governor over the elected government.The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the "Government...

'Medical Services' Fall Within Ambit Of Consumer Protection Act, 2019: Kerala High Court

In a significant decision, the Kerala High Court has recently ruled that medical services fall within the purview of the term 'service' defined under Section 2(42) of the Consumer Protection Act, 2019.Observing so, Justice N. Nagaresh dismissed a plea filed by a group of doctors who prayed to declare that the consumer fora under the Consumer Protection Act, 2019 do not have jurisdiction to...

Delhi High Court Calls For Report From District Judge On Sentencing Proceedings Of Former HCBA President Rajiv Khosla In 1994 Assault Case

The Delhi High Court on Thursday called for a report from the Principal District Judge (headquarters) in relation to the sentencing proceedings of Former Delhi High Court Bar Association President Rajiv Khosla, for assaulting former judge namely Sujata Kohli in the year 1994 when she was a lawyer. A bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta was dealing with...

Can't Object To Issue Passports To Children Of Single Parents For Lack Of Court Order: Kerala HC Asks Officer To Pay ₹25K As Litigation Expense

The Kerala High Court recently asked an Assistant Passport Officer in Kottayam to shell out litigation expenses amounting to Rs. 25,000 from his own salary for objecting to re-issue passport to a single parent's daughter.In his order, Justice Amit Rawal has also called it a classic case of highhandedness by the Assistant Passport Officer objecting to re-issue the passport of children of a...

Section 65 Contract Act - Principle Of Restitution Not Applicable When Party Claiming It Is Equally Or More Responsible For Illegality Of Contract: Supreme Court

The Supreme Court observed that the principle of Restitution under Section 65 of the Indian Contract Act will not apply when the party claiming restitution was equally or more responsible for the illegality of the Contract.In adjudicating a claim of restitution, the court must determine the illegality which caused the contract to become void and the role the party claiming restitution has...