Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father

Punjab and Haryana High Court has dismissed a petition filed by the mother of a 3 year old, seeking issuance of a writ of habeas corpus to get the custody of the minor son from alleged illegal confinement of her husband and in-laws."Custody of the father as a natural guardian cannot be said to be illegal or unlawful and therefore, it would not be appropriate to issue a writ of habeas corpus...

S.176 Contract Act | Court Should Not Be Used To Prevent Lender From Exercising His Rightful Legal Claim Against Borrower: Calcutta HC

The Calcutta High Court has recently underscored that the Court should not be used to prevent a loan giver from exercising his rightful legal claim against the borrower. Justice Shekhar B. Saraf was adjudicating upon an interlocutory application seeking injunction against the respondent bank from giving any effect to letters dated 23rd February, 2022 vide which the bank had invoked the pledge...

Patna High Court Seeks Action Taken Report Over Expansion Of Airports In Bihar

The Patna High Court has sought details of the action being taken by the Bihar government regarding the expansion, development and land acquisition of various airports, including those at Patna, Bihta, Gaya, Darbhanga and Purnia.While hearing public interest litigations filed by a Gaurav Kumar Singh and others, a division bench of Chief Justice Sanjay Karol and Justice S Kumar ordered,...

'Must Do Justice By Promoting Honesty': Karnataka HC Directs SBI To Refund Forfeited Amount Over Failure To Disclose Encumbrance On Auction Property

The Karnataka High Court has directed State Bank Of India to refund the amount forfeited by it from a prospective purchaser of a property being sold under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) as it did not disclose that title of the subject property was not with the original borrower of the loan. A single...

Res Judicata Not Applicable To Subsequent Arbitral Proceedings If First Award Was Set Aside Due To Incompetence Of Tribunal: Kerala High Court

The Kerala High Court has held that there is no legal impediment for arbitrating parties to initiate fresh proceedings if the district court sets aside an award on any issue not yet concluded in that award. This implies that the principles of res judicata will have only a limited application in such proceedings under the Arbitration and Conciliation Act.A Division Bench of Justice P.B....

Display School Name In SSLC Certificate Issued To Students: Karnataka High Court To State

The Karnataka High Court has directed the state government and other respondents to show the names of the schools, whose recognition was withdrawn in the middle of academic year, in S.S.L.C. marks card of the students.A single judge bench of Justice P Krishna Bhat observed,"Taking into consideration the facts noticed above, namely that for the entire academic year 2021-2022, the classes...

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in the course of any inquiry into, or trial of, an offence, a...

Madras High Court Issues Notice On Plea For Setting Up 'Department For BR Ambedkar Studies' In Thiruvalluvar University

The Madras High Court on Friday issued notice to the Chancellor and Registrar of Thiruvalluvar University and the Principal Secretary to Government, Department of Higher Education on a plea seeking to establish the "Department of Dr. B.R. Ambedkar Studies" in the Thiruvalluvar University. The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy...

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway

The Gujarat High Court recently allowed the writ petition of a land-owner, seeking directions to re-compute the award passed by the competent authority in pursuance of land acquisition proceedings for the purpose of construction of Vadodara-Mumbai Expressway. The Petitioners sought that the compensation be revised by applying the market value of the land with Multiplier Factor-2 since the...

"No Room For Arrogance, No License To Intimidate The Court": Bombay HC Reprimands Advocate Over Allegations Of Bias, Delayed Hearing

The Bombay High Court recently observed that while an advocate's frustration over a delayed hearing was understandable, but it didn't give them a license to intimidate the Court and make reckless allegations against a Judge polluting the very fountain of justice. Justice Anuja Prabhudessai reprimanded a lawyer for making allegations of "partiality" and "unfairness" against...

Madhya Pradesh High Court Converts Wife's Conviction U/S 302 IPC For Burning Husband To Death To S.304, Says Act Committed In 'Heat Of Passion'

The Madhya Pradesh High Court, Indore Bench recently converted the conviction of the Appellants, including the wife of the deceased, under Section 302 to Section 304 IPC, for burning the deceased to death, observing that the same was done under the heat of passion. While acquitting the Appellants, the Court also took into consideration that they were first-time offenders...

BREAKING| 'Local Influential Person Involved': Calcutta High Court Directs IPS Officer Parul Kush Jain To Oversee Probe Into Pingla Rape Case Of WB

The Calcutta High Court on Friday directed IPS officer Parul Kush Jain to oversee the probe in the Pingla rape case wherein an alleged attempt to rape was made on a differently-abled woman by a local panchayat member said to have affiliation to the Trinamool Congress at Pingla in West Midnapore district on April 11.The IPS officer is currently posted as the Inspector General of Police (IGP)...