News Updates
Merely Residing Together For Few Months & Having A Child Does Not Raise Presumption Of Marriage, Conduct Of Parties Relevant: Chhattisgarh High Court
The Chhattisgarh High Court recently while dealing with a challenge to an order in a declaratory suit observed that presumption of marriage is to be established by way of conduct; mode of life; and predilections of other persons. A division bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal observed: "The law presumes in favour of marriage and against concubinage, when a...
Children With Rare Diseases: Delhi High Court Asks AIIMS To Examine Medical Records Of DMD Patients Before Commencing Treatment
In a batch of pleas concerning treatment of children with rare diseases, the Delhi High Court has recently asked All India Institute of Medical Sciences (AIIMS) to examine medical records of children suffering from Duchenne Muscular Dystrophy (DMD) in order to frame a recommendation of whether commencement of treatment is likely to yield any results.Justice Yashwant Varma was hearing a clutch...
Identify Heirs Of All Those Who Died In Custody Since 2012 For Compensation Purposes: Meghalaya High Court Directs State Govt
The Meghalaya High Court on Monday directed the State Government to identify the heirs of all persons who suffered custodial death so that they could be informed about the pendency of proceedings initiated by the Court, suo moto, for the purposes of compensating them.It may be noted that this suo motu public interest litigation was instituted by the HC following an order of the Supreme Court...
Shawarma Food Poisoning Case: Kerala High Court Initiates Suo Motu PIL On Food Safety Concerns In State
The Kerala High Court on Wednesday took suo motu cognisance of the food poisoning incident in Kasargod after a 16-year-old girl died and over 50 people were hospitalised which, as per news reports, is a possible aftermath of consuming shawarma.A Division Bench comprising Justice Devan Ramachandran and Justice P.G Ajithkumar took up the case after media reports threw light on the...
Going Back On Promise To Marry Not Cheating But Failure To Repay Loan Will Attract S.420 IPC: Karnataka High Court On Film Director's Plea
In a cheating case instituted by a woman against film director Stanley Joseph, the Karnataka High Court has said that though going back on a promise to marry will not amount to cheating in this case, but obtaining a loan and not repaying the same will amount to criminal intention to cheating, attracting Section 420 of IPC. A single judge bench of Justice K Natarajan thus dismissed...
No One Can Be 'Summoned' To Police Station Orally By Subordinate Police Officials Sans Station Incharge's Approval: Allahabad High Court
In a significant direction issued to the State of UP and its instrumentalities, the Allahabad High Court (Lucknow Bench) has recently observed that no person, including an accused can be summoned to a police station orally by subordinate police officials without the consent/approval of the station in-charge.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur further directed...
Madhya Pradesh High Court Stays State Policy Increasing OBC Reservation From 14% To 27% In MPPSC Examination
The Madhya Pradesh High Court recently granted stay against the policy of the State Government to increase the reservation for the OBC category from 14% to 27% in Madhya Pradesh Public Service Commission. The stay was granted corollary to similar interim reliefs granted by the Court in identical matters, wherein the said policy of increasing the OBC reservations was...
Incapacity To Work Has To Be Determined With Reference To Sole Occupation Of Person As On Date Of Motor Accident: Karnataka High Court
The Karnataka High Court has said that a person who is a driver by profession if loses complete vision of one eye in a motor accident, then he would not be able to continue his profession of driving, thus it would have to be considered as permanent physical disability and 100% loss of earning capacity. A Single Judge bench of Justice Pradeep Singh Yerur while partly allowing the...
Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge (Family Court), directing him to pay monthly...
Mere Registration Of FIRs By Itself Can't Have Nexus With Breach Of "Public Order": Gujarat High Court Quashes Preventive Detention
Drawing a distinction between the term 'public order' and 'law and order'', the Gujarat High Court has held that mere registration of FIR/s against an accused person does not mean he is a threat to the society or disturbs all social apparatus.A Bench comprising Justice SH Vora and Justice Sandeep Bhatt observed,"Simplicitor registration of FIR/s by itself cannot have any nexus with the...
Sale Of Counterfeit Products Has Become Prolific On Internet, Needs To Be Arrested To Protect Customers, Trademark Owners: Delhi High Court
The Delhi High Court has observed that the sale of counterfeit or knock-off products has become prolific on the internet, which needs to be arrested in order to protect the owners of the trade marks as also the customers who purchase such products.Justice Pratibha M Singh made the aforesaid observation while dealing with a trademark infringement suit filed by Sirona Hygiene Private...
Pledge Allegiance To Constitution, Swear That You Don't Believe In Maoist Ideology: Madras High Court Imposes Condition For Bail
The Madras High Court recently granted bail to an alleged Maoist on a condition that he shall swear an affidavit, stating that he owes faith and allegiance to the Constitution of India and that he does not believe in the Maoist ideology or the ideology of the CPI(M). He shall also state that he does not believe in violence as an ideology and would do nothing to subvert the Constitution...