News Updates
Allahabad High Court Quashes Order Transferring A Nationalised Bank Employee Whose Wife Is Having 100% Disability
The Allahabad High Court recently quashed an order transferring an employee of the Central Bank of India from one place to another as it noted that his wife is a permanently disabled person having 100% disability.The Bench of Justice Rajesh Singh Chauhan noted that as the husband (employee) is the caregiver of her wife [as defined under Section 2 (d) of the Rights of Persons with...
Right To Education Under RTE Act Cannot Be Unconditionally Enforced Against Private Unaided Schools: Delhi High Court
The Delhi High Court has observed that while the Right of Children to Free and Compulsory Education Act, 2009 guarantees the right to education, however, it nowhere provides that the said right can be unconditionally enforced against a private unaided school.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta upheld the validity of Rules 35 (Striking off...
Summoning Of Accused A Serious Matter, Criminal Law Cannot Be Set Into Motion As A Matter Of Course: Delhi High Court
The Delhi High Court has observed that summoning of an accused in a criminal case is a serious matter and that the Criminal law cannot be set into motion as a matter of course. Justice Chandra Dhari Singh further added that a Magistrate is the silent spectator at the time of recording of preliminary evidences before summoning of the accused and must carefully scrutinize the evidence brought...
Ouster Of HC's Jurisdiction Must Be Explicit, Not Implied: Petitioners Before Madras High Court FB Favour Concurrent Jurisdiction In Child Custody Cases
A Full Bench of the Madras High Court on Friday commenced hearing a matter pertaining to the original jurisdiction of High Court to hear child custody and guardianship matters, owing to the advent of the Family Courts Act, 1984.A bench comprised of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice N Anand Venkatesh and Justice AA Nakkiran was constituted to answer following...
Constitutional Court Not Constrained By Procedural Law Unless There Is Specific Prohibition: Punjab & Haryana High Court
Punjab and Haryana High Court, while dealing with an application for review of a judgment wherein revision petition filed by the plaintiff in an agreement to sell matter was dismissed, held that the Court has sufficient powers under Article 227 of the Constitution of India as well as Section 151 of CPC to prevent the ends of justice from being defeated.The court was hearing a case where...
Himachal Pradesh HC Asks Trial Courts Not To Insist For Certified Copies Of Bail/ Interim Orders, Accept Downloaded Copies Attested By Counsel
The Registrar (Vigilance) of the Himachal Pradesh High Court has requested all the Judicial Officers in the state to accept the downloaded copies of the bail orders/ interim orders passed by the High Court, if the same are attested to be true downloaded copy by the counsel, representing the parties.It was added that before accepting such orders, the orders could be verified from the High...
S.127 CrPC | Must Consider Husband's Financial Status, Changed Circumstances While Determining Maintenance In Matrimonial Dispute: Delhi High Court
The Delhi High Court has observed that the determination of maintenance in matrimonial disputes depends on the financial status of the husband and the standard of living that the wife was accustomed to in her matrimonial home.Justice Chandra Dhari Singh added that the financial capacity of the husband, his actual income with reasonable expenses for his own maintenance, and dependant...
Acquittal Is Necessary Consequence Of Dismissal Of Complaint For Default, Restoration Proceedings Barred: J&K&L High Court
The Jammu and Kashmir & Ladakh High Court recently held that the consequence of a criminal complaint being dismissed in default is acquittal of accused and the complainant has no other option but to avail statutory remedy against the same; he cannot seek restoration of the proceedings.Holding thus, it quashed the order passed by a Munsiff Court, whereby the complaint under Section 138...
General Category Is Open To All Meritorious Candidates, Regardless Of Them Falling In Reserved Or Unreserved Category: Gujarat High Court
The Gujarat High Court has held that a reserved category meritorious candidate should be allowed to merge in the class of unreserved category because of his own merits, as depriving such candidate from securing a birth in the unreserved category results into communally dividing a homogeneous class of meritorious candidates. In this case, an advertisement for the post of...
Institutions That Can't Pay Long Outstanding Salaries For Years Draws Attention To Its Right To Continue As An Employer: Delhi High Court
The Delhi High Court has observed that an institution which cannot pay its long outstanding salaries for years, which are statutorily due, draws attention to its financial stability and its right to continue as an employer.A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan was of the opinion that it is for the State Government to look into the matter and ensure that...
Tendency To File Cases Of Outraging Woman's Modesty In Disputes Between Neighbours To Settle Scores Needs To Be Curbed: Delhi High Court
The Delhi High Court has observed that the tendency of filing cases of outraging modesty of a woman under Section 354 and 509 of Indian Penal Code, in the disputes between neighbours to settle scores needs to be curbed.Justice Swarana Kanta Sharma made the observation while quashing an FIR registered under sec. 354, 452, 506, 509, 354B and 34 of Indian Penal Code.The complainant had stated...
Actor Mohanlal To Face Trial Before Kerala Court In Ivory Possession Case
Malayalam actor Mohanlal will now have to face trial in a wildlife crime case booked against him after a trial court in Kerala dismissed the State's plea to withdraw the prosecution proceedings on Thursday. The actor was booked for illegal possession of two pairs of ivory after the Income Tax Department recovered illegal ivory from his Kochi residence in a raid in June 2012. A case...