News Updates
Gujarat HC Grants Custody Of 4-Yr-Old To Mother In Writ Jurisdiction, Suspends Father's Visitation Rights For 6 Months Citing Unruly Behaviour
Considering the well settled principle of paramount welfare of child, the Gujarat High Court recently exercised its extraordinary powers under Section 226 of the Constitution and granted custody of the corpus, a 4 old year boy, to his mother (Petitioner herein).The child was said to be taken away from the mother by the child's father, following a matrimonial dispute. After the judgment...
Extraordinary Power U/S 482 CrPC Can't Be Exercised At Disposal Of Affluent Accused Who Arm-Twists Law To Achieve Scrupulous Ends: Delhi High Court
The Delhi High Court has observed that extraordinary powers of High Court under Section 482 of Code of Criminal Procedure are not meant to be exercised at the disposal of the affluent accused who do not leave any stone unturned to arm-twist the law of the land and administrative machinery to achieve their scrupulous ends.Justice Chandra Dhari Singh dismissed a plea filed by Religare Finvest's...
Temple Funds Shall Not Be Appropriated For Construction Of Senior Citizen Homes: TN Govt Assures Madras High Court
In a plea seeking to quash an order issued by the Tamil Nadu government for constructing Senior Citizen Homes in Chennai, Pazhani, and Tirunelveli using excess temple funds, the Madras High Court has been assured that the scheme will not be implemented for six weeks.Advocate General R Shunmugasundaram submitted, "no appropriation from any source pursuant to the impugned G.O. will be made for...
Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case
The Calcutta High Court on Friday upheld conviction for the offence of aggravated sexual assault under Section 10 of the Protection of Children from Sexual Offences Act (POCSO Act) by opining that surrounding circumstances like the accused making the minor victim girl naked prove the culpable mental state of the accused. Justice Bibek Chaudhuri also rejected the argument that since nobody saw...
Delhi Court Takes Cognizance Of UAPA Against Human Rights Activist Khurram Parvez & Others In Terror Funding Case
A Delhi Court on Friday took cognizance under Unlawful Activities (Prevention) Act (UAPA) and other offences against Kashmiri human rights activist Khurram Parvez and others including former Superintendent of Police Arvind Digvijay Negi in connection with an alleged terror funding case.Special NIA Judge Parveen Singh of the Patiala House Courts took cognizance under sec.120B, 121 and 121A...
Right To First Refusal Cannot Be Exercised After Making A Counter-Offer To The Seller: Delhi High Court
The High Court of Delhi has held that a party cannot demand its 'Right to First Refusal' after making a counter-offer to the seller. The Single Bench of Justice Anup Jairam Bhambhani has held that when the party that has been given the right to first refusal (RoFR) makes a counter-offer, the seller becomes entitled to sell the subject goods to the third parties. The Court...
Plea In Delhi High Court Seeks To Restore Representation Of Anglo-Indian Community In Lok Sabha & State Legislative Assemblies By Nomination
A plea has been filed in the Delhi High Court seeking directions to restore the representation of the Anglo-Indian community in the House of the People and in the Legislative Assembly of the States by nomination. A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla asked the Centre to file it's submissions with relevant documents within a period of six...
BREAKING- Nine Advocates Appointed As Judges Of Delhi High Court, Working Strength Rises To 44
The Centre has confirmed the appointment of nine advocates as judges of the Delhi High Court, taking it's working strength to 44.In this regard, the law minister Kiren Rijiju has tweeted:"In exercise of the power conferred under the Constitution of India, the following Advocates are appointed as Judges of Delhi High Court. I extend best wishes to all of them."The following are the names:-...
Invoking S.138 Of NI Act Does Not Bar Registration Of Crime Under Sections 406, 420 IPC: Karnataka High Court
The Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked Section 138 of the Negotiable Instruments Act. A single judge bench of Justice M Nagaprasanna said, "In a case under the Act what is required to be noticed is, whether it is for a legally enforceable debt and a fine is imposed. In an...