Stridhan Cannot Be Retained By Family Of Husband On Annulment Of Marriage: Karnataka High Court

The Karnataka High Court has said that annulment of marriage cannot mean that all the articles that woman carried to the matrimonial house can be retained by the family of the husband. A single judge bench of Justice M Nagaprasanna refused to quash the criminal proceedings initiated by the ex-wife under section 406 of the Indian Penal Code (IPC), against her former husband and...

Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC

The Punjab and Haryana High Court while dealing with a writ petition pertaining to land acquisition under the National Highways Act, 1956, has held that Section 3(H)(4) thereof enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court....

Leaving Matrimonial House On Account Of Husband's Cruelty Not Desertion: Rajasthan High Court Grants Maintenance To Ex-Wife

The Rajasthan High Court has observed that a lady suffering from cruelty on account of her husband's conduct cannot be said to have deserted him or to be voluntarily residing away. The court added that the circumstances created by the husband, if not conducive, are bound to push away the wife.Essentially, the case of the petitioner-wife is that respondent-husband is working on the post of...

Minor Sexual Assault Victim & Her Mother Turning Hostile Amounts To 'Changed Circumstances' For Grant Of Bail: Karnataka High Court

The Karnataka High Court recently granted bail to an accused alleged of sexually assaulting a minor girl and marrying her, after the victim and her mother turned hostile in court during the trial. A single judge bench of Justice K Natarajan allowed the petition filed by accused Hanumanthappa and directed him to be released on bail on execution of a personal bond of Rs 2 lakh with...

Gujarat High Court Enhances Motor Accident Compensation By ₹4.8 Lakh, Grants Spousal & Parental Consortium

Taking into account the income of the deceased victim of motor accident, the spousal consortium and the parental consortium, the Gujarat High Court has increased the motor accident compensation for the Appellants (family of the deceased) by a significant amount, i.e., by Rs. 4,84,000. Whereas the Trial Court had ordered payment of Rs. 15,58,900/-, the Bench comprising Justice RM...

Actor Assault Case| Kerala High Court Judge Recuses From Hearing Crime Branch's Plea Seeking Forensic Analysis Of Memory Card

Justice Kauser Edappagath of the Kerala High Court on Tuesday recused from hearing a petition moved by the Crime Branch challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination.In 2017, a popular actress was...

Supplementary Chargesheet Must Disclose Novel Evidence, No Cognizance Where No New Material Discovered By Further Investigation: Delhi High Court

The Delhi High Court has observed that where no new material or evidence has been discovered by the further investigation, any cognizance taken by the Magistrate may be said to be in contravention to Section 173 of the Code of Criminal Procedure.Justice Chandra Dhari Singh added that there has to be an extent of novelty in the report or Supplementary Chargesheet filed by the Investigating...

Karnataka High Court Stays Single Judge Order Dispensing Trial Court's Permission For Passport Renewal Where Criminal Trial Is Stayed By Higher Court

The Karnataka High Court has stayed a single judge bench order which held that the permission from a trial court is not necessary for renewal of passport when the criminal proceedings are stayed by a higher court. A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi stayed the order dated March 17, by which the court had directed the Regional Passport Officer...

Wife Stitching Clothes Domestically Entitled To Maintenance; Welder-Husband Is Like Skilled Workman With Sufficient Income: Rajasthan High Court

While hearing a matter pertaining to maintenance, the Rajasthan High Court observed that the husband, who is a welder, is almost like a skilled workman, and thus, it cannot be presumed that he is not earning sufficiently to maintain the petitioner-wife.The court also opined that even if the petitioner-wife is stitching clothes domestically and has some income source, then also the husband...

Victim May Seek Enhancement Of Accused' Sentence By Filing Revision Application: Bombay High Court

A victim can seek enhancement of her/ his offender's jail time (sentence) only through a revision application and not by filing an appeal against the trial court's judgement, the Bombay High Court has held. The division bench of Justices Sadhana S. Jadhav and Milind N. Jadhav noted that the victim can prefer an appeal in view of the proviso under section 372 of the CrPC, only under...

Disclosing Elaborate Reasons For Passing 'Interception Orders' May Affect Intelligence: Delhi High Court

The Delhi High Court has observed that the disclosure of elaborate reasons for interception orders would be against the modified disclosure requirements of procedural fairness. "The disclosure of elaborate reasons for interception orders would be against the modified disclosure requirements of procedural fairness which have been universally deemed acceptable for the protection of other facets...

Minor's Custody With Maternal Grandparents Not Illegal Confinement Especially When Husband Remarried During Subsistence Of First Marriage: Gujarat HC

A division bench of the Gujarat High Court comprising Justices Vipul M. Pancholi and Rajendra M. Sareen has held that custody of a minor with his maternal grandparents could not be considered illegal custody or illegal confinement, given that the husband/ the father of the minor had remarried during subsistence of his marriage with his first wife, who was the mother of the...