News Updates
"Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage Registration
The Allahabad High Court has observed that for adopting a child, a marriage certificate is not a sina-quo-non and even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a plea filed by a Transgender person and her husband who sought a direction upon the...
'Arrangement/Safety For Stray Cattle In Rural Areas': Allahabad HC Appoints Amicus Curiae, Seeks UP Govt's Reply
The Allahabad High Court on Wednesday decided to deal with the issue of stray cattle menace in rural areas and therefore, it appointed Advocate Yogendra Misra, assisted by Advocate S. M. Singh Royekwar to assist the Court in the matter as Amicus Curie.The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan also directed the State Counsel to seek instructions in the...
"File Reply To Pleas Against Amendment Made To Municipal Act Or We Will Stay It": Patna HC Warns State, Central Govts
Dealing with Public Interest Litigations (PILs) plea filed challenging the 2021 amendments made to the Bihar Municipal Act, 2007, the Patna High Court on Friday warned the Union and the State Government to file their replies in 1 week otherwise the amendments would be stayed by the Court.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar ordered thus as it noted that despite...
Despite Women Empowerment Being Motto, Deprived Authorization To Women-Self Development Groups: Bombay HC On Cancellation Of Authorisation Of Mahila Bachat Gats
The Aurangabad Bench of the Bombay High Court recently ordered the District Supply officer (DSO) to restore authorisation of four Mahila Bachat Gats or Women Self Development Groups to maintain fair price shops. Justice Bharati Dangre observed that their licence to run fair price shops was cancelled on "clumsy" and "non-existent" grounds and the Tehsildar to the highest level...
Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl
The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been strenuously argued that the allegation of rape on a...
Don't Register Writ Petition That Doesn't Set Out Specific Grounds – Bombay High Court To Registry
The Bombay High Court has directed its Registry to not register any writ petition unless the same sets out specific grounds on which the petition is being moved and warned the department of strict action if any lapse was viewed in that regard. A division bench of Chief Justice Dipankar Datta and Justice NB Suryawanshi, sitting in the Aurangabad Bench, directed, "The Registry...
Delhi High Court Dismisses PIL Challenging Tender Invitations Issued By PSUs For Empanelment Of Law Firms Based On Turn Over Criteria
The Delhi High Court has dismissed a public interest litigation challenging the Tender invitations issued by Public Sector Undertakings and other registered Corporates or Companies, including Directorate General of Hydrocarbons, for empanelment of a Law Firm on the basis of money or turn-over criteria as being ultra vires the Advocates Act, 1961. Justice Manmohan and Justice Navin...
Ramesh Jarkiholi Sex CD Scandal: Supreme Court Stays Karnataka HC's Order Allowing SIT To Submit Final Report
The Supreme Court on Friday stayed Karnataka High Court's order dated February 3, 2022 of allowing SIT formed for probing complaint of rape by a woman and charges of conspiracy against former Minister Ramesh Jharkiholi to submit its final report before the Trial Court.The bench of Justices Indira Banerjee and JK Maheshwari passed the stay order in a special leave petition filed by the...
Arbitration | Every Violation Of Statute Not Against Fundamental Public Policy Of India, Exception Has To Be Construed Narrowly: Bombay High Court
Very high threshold would have to be crossed such as egregious circumstances of corruption, fraud which would violate most basic notions of morality and justice.
Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court
The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. A Division Bench of Chief Justice of D.N. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and over 11 years from...
Section 53A Transfer of Property Act - Unregistered Document Can't Be Relied To Protect Possession : Delhi High Court
The Delhi High Court held that to give benefits of Section 53A of the Transfer of Property Act; the document relied upon must be a registered document. Justice Sabronium Prasad noted that. "Any unregistered document cannot be looked into by the court and cannot be relied upon on or taken into evidence in view of Section 17(1A) read with Section 49 of the Registration Act."BackgroundIn...
Sabarmati River Pollution: Gujarat High Court Expresses Shock, Says State & Citizens Duty Bound To Preserve Environment & Balance Interests
"There is no fundamental right in a citizen to carry on business wherever he chooses and his right must be subject to any reasonable restriction imposed by the executive authority in the interest of public convenience," the Gujarat High Court has observed. This observation was made by a Bench of Justice JB Pardiwala and Justice Vaibhavi D Nanavati, in connection with a matter...