Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter

In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes a major, she will also have...

Cannot Grant Any Credence To Compromise Entered Into After Conviction: Supreme Court Dismisses SLP Filed By Man Convicted U/Sec 354 IPC

Bimal Chandra Ghosh vs State of Tripura 2022 LiveLaw (SC) 157

"State In A Constitutional Republic Can't Indulge In Arbitrary Generation Of Funds": High Court Annuls Meghalaya Cement Cess Act, 2010

The Meghalaya High Court has nullified the Meghalaya Cement Cess Act, 2010 ("the Act"), holding it to be arbitrary, illegal and unconstitutional. While rebuking the State for irrationally raising revenue through the legislation, a Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh held, "The principle is too well established to be questioned. Yet, it will not...

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings

At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant's brother on 11th December, 2016, and thereafter she started to harass his late...

'Acts Of Notaries In Foreign Countries Can Be Given Legal Recognition By Indian Courts, 'Reciprocity' U/S.14 Of Notaries Act Not Mandatory': Madras HC

Answering the question of whether a sale deed registered with a power of attorney that was executed in Malaysia is valid or not, Madras High Court has held that the notarial acts of notaries in the foreign countries can be given legal recognition by Indian Courts even in the absence of 'reciprocity' under Section 14 of the Notaries Act.The Division Bench of Justice Pushpa Sathyanarayana...

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. A complaint was made against him by one borrower of the Bank ...

"You Are The Complainant, Prosecutor, and Adjudicator": Supreme Court Pulls Up UP Govt. For Acting On Recovery Notices To Anti-CAA Protestors

"Now, there is no provision in the new law for the transfer of cases which were decided! And no provision for appeal under the new Act! These poor people, whose properties have been attached, will have no remedy!... You have to follow due process of law. Ultimately, there has to be some guarantee of due process also", said the Court

Offense Under Section 138 Of NI Act Maintaianable Only For Cheques Issued For 'Enforceable Debt' And Not 'Security': Gujarat High Court

"It is a settled proposition of law that proceedings under Section 138 of the NI Act would lie only in respect of any 'enforceable debt'", the Gujarat High Court has observed today. The Bench comprising Justice Gita Gopi made this observation in connection with an application filed under Section 482 of CrPC, seeking the quashment of the order passed by the CJM Rajkot for offence...

Appointment Beyond Advertised Number Of Posts Amounts To Filling Up Of Future Vacancies, Impermissible Under Law : Kerala High Court

The Kerala High Court on Friday ruled that filling up of vacancies over and above the notified vacancies are not permissible in law since it amounts to filling up of future vacancies. Justice Raja Vijayaraghavan noted that the impugned advertisement was only for one post and that the candidate who secured the first rank had already joined the post. "The appointment beyond the number of...

Life Imprisonment Without Remission Till Last Breath Can Be Imposed As Substitution Of Death Sentence: Supreme Court

The Supreme Court observed that life imprisonment without any remission till the last breath can be imposed as a substitution of death sentence.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh rejected an argument raised in a case that the minority view in Union of India vs. V. Sriharan - (2016) 7 SCC 1 should be looked into as two of the Judges opined one way in the...

[VC Hearing] Counsel Refuses To Switch Camera On For Want Of 'Uniform': Allahabad HC Calls It 'Objectionable', Adjourns Matter

The Allahabad High Court today adjourned the hearing in a bail application as the counsel appearing for the petitioner refused to switch his camera on due to the fact that he wasn't in uniform.The Bench of Justice Samit Gopal called it 'objectionable' and listed the matter for further hearing on March 15, 2022.Essentially, the Counsel for the lawyer was connected through video conferencing...

Delhi High Court Allows Navneet Kalra To Travel Abroad For Attending Business Events

The Delhi High Court on Friday allowed businessman Navneet Kalra, accused in connection with alleged Oxygen Concentrators Hoarding case, to travel abroad on two occasions for the purpose of attending events related to his business in the optics and eye wear industry. Justice Yogesh Khanna directed Kalra to furnish a security of Rs. 50 lakhs to the satisfaction of the Registrar General of...