"Moral Policing Not Allowed": Madhya Pradesh HC Orders Release Of Adult Woman Who Willingly Converted Religion & Married Muslim Man

Deciding a Habeas Corpus petition, the High Court of Madhya Pradesh upheld the constitutional right of major persons to stay together, either by way of marriage or live-in relationship. Justice Nandita Dubey was essentially dealing with a petition moved by a husband who alleged that the parents of his wife have forcibly taken her to Banaras and have illegally detained her. The...

Exclusion Of Female Dependents From Consideration For Compassionate Appointment Violative Of Art. 14: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has recently held that a clause in an agreement under Industrial Disputes Act, 1947, which only entitled a male dependent for compensatory recruitment, should be read in such a manner that it includes female dependents also. A Division Bench of Chief Justice Arup Kumar Goswami and Justice N.K.Chandravanshi noted,"It is apparent that clause 9.5.0(iii) of the NCWA-IV...

Bombay High Court Refuses To Stall Release Of Web Series "Mission to Pakistan"

The Bombay High Court has refused to stall the release of a web series tentatively called "Mission to Pakistan" by denying ad-interim relief in a case involving copyright over the "initial concept" as well as production agreement for the series.The court was hearing an interim application in a commercial suit by Solflicks Filmworks Pvt Ltd (SFPL) against Zee Entertainment Enterprises Ltd...

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

"...such cases will be governed only by the time period fixed by the Court under Order VIII Rule 6 A(3) of CPC after passing appropriate orders", the court clarified.

Service Recruitment| Appeal Against Medical Exam Report May Be Filed On Same Day, Review Board Not For Giving Time To Rectify Ineligibility: Delhi HC

The Delhi High Court recently held that merely because the Petitioner was not granted 15 days' gap between his Detailed Medical Examination and Review Medical Examination for recruitment in the Police force, it cannot be said that there was any fault in the procedure adopted.The Petitioner, a CAPF aspirant, had claimed that even though candidates are granted 15 days period to the candidate...

Offence Committed Within A 'Reserved Forest' Area: Chhattisgarh High Court Refuses Bail To 4 Accused Of Hunting Female Sambar Deer

The Chhattisgarh High Court has recently refused to grant bail to four men arrested on the charges of killing a female Sambar Deer in the reserved forests of Chhattisgarh. Justice Narendra Kumar Vyas observed that the place of offence is a reserved forest that falls within Section 51(1A) of the Wildlife Protection Act; thus, the alleged offense is non-bailable. He noted, "Therefore, it is...

Allahabad High Court Dismisses Another PIL Seeking Postponement Of UP Assembly Polls Amid COVID Surge

The Allahabad High Court on Friday refused to entertain another Public Interest Litigation (PIL) plea seeking postponement of elections for the Uttar Pradesh Legislative Assembly (scheduled to be held in Feb-March 2022) in view of the COVID surge. The bench of Justice Attau Rahman Masoodi and Justice Suresh Kumar Gupta wasn't convinced to interfere on the basis of the ground raised in the...

Alleged Easy Character Of Wife Not Indicative Of Her Abetting Husband's Suicide, Mens Rea A Necessary Concomitant Of Instigation: Punjab & Haryana HC

If there is no prima facie case against the wife and no dying declaration or suicide note alleging the same, just the fact that she is allegedly a woman of easy character is not indicative of the wife abetting and inciting suicide of her husband, the Punjab and Haryana High Court has held. In a case pertaining to a husband committing suicide and snuffing the life of his son,...

Delhi Riots | Protests Were Inorganic, Meticulously Planned; Local People Used As Fodder: Prosecution Opposes Umar Khalid's Bail

Opposing Umar Khalid's bail in the Delhi riots larger conspiracy case, the prosecution on Saturday told a Delhi Court that the 2020 protest was neither organic nor women driven and that local people were used as fodder to increase public participation. Special Public Prosecutor Amit Prasad today also made common submissions opposing bail pleas of other accused persons in the case including...

Not Required To Show Prejudice, Where There Is Violation Of Fundamental Rights – Bombay High Court Directs Customs To Pay Rs. 2cr For 23 Year Delay

The Bombay High Court has directed the customs department to refund Rs 2 crore along with an interest of 12% per annum to a fabric-exporter due to the delay of 23 years in deciding a fraud case initiated against him. A division bench of the Chief Justice Dipankar Datta and Justice MS Karnik observed while setting aside the demand notice. "While the respondents' right in law...

Doctor's Opinion Is Relevant U/S 45 Of Evidence Act But It Can't Take Place Of Substantial Evidence: Madhya Pradesh High Court

The Madhya Pradesh High Court (Gwalior Bench) recently observed that the opinion of a doctor is relevant evidence under Section 45 of the Evidence Act, but it can rarely take the place of substantive evidence and it cannot be conclusive because it is only opinion evidence.The Bench of Justice Rajeev Kumar Shrivastava observed thus as it dismissed a criminal revision plea filed by one...

No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court

The Orissa High Court has held that a party cannot file an appeal against a mere finding / observation of the Trial Court, when the decree has not in any way gone against such a party.Justice Debabrata Dash observed,"No Appeal lies against a mere finding. Section-96 and 100 of the Code provide for an Appeal against decree and not against judgment. No Appeal lies against a finding...