Competing Rights Of Parents Subservient To Interest Of Child: Delhi High Court Stays Order Granting Daily Visitation Right To Putative Father

The Delhi High Court recently stayed a Family Court's order granting visitation rights to the putative father of a 2½ years old child on a daily basis. "The order ultimately passed requires the minor child of 2½ years to be moved out of the residence and be taken by the respondent for a period of 2 hours on a daily basis. The Principal Judge has clearly failed to weigh or consider...

Plea To Declare VC Hearing As Fundamental Right- IA Moved In Supreme Court To Implead SC's E-Committee As Necessary Party

An Interim Application has been moved before the Supreme Court in the pending matter relating to access to Hybrid Courts and their declaration as a fundamental right for impleading the E-Committee, Supreme Court of India as a necessary party. The application states that the idea, concept, and vision of Hybrid Courts is the baby of the E-Committee of the Supreme Court of India, which had time...

P&H HC Issues Notice To CIC On Plea To Decide Appeal Against PMO's RTI Response Denying PM CARES Fund Details

The Punjab and Haryana High Court recently issued a notice to the Chief Information Commission for its failure to decide the 2nd appeal against the order of denial of information sought for by the Petitioner-Advocate, Nitin Mittoo regarding PM CARES Fund.Issuing a notice of motion to CIC and PMO, the Bench of Justice H. S. Madaan fixed the case for hearing on January 6, 2022.The background of...

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother

Madras High Court has recently set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the adoptive mother and the biological mother. The court observed that the girl child can't be branded as one 'in need of care and protection', especially when 'two mothers are fighting with each other to give her care...

High Courts Weekly Roundup [November 22, 2021 To November 28, 2021]

Allahabad High Court1. Oral Sex With 10-Yr-Old Boy Not An 'Aggravated Sexual Assault' But 'Penetrative Sexual Assault' Under POCSO Act: Allahabad High Court [Sonu Kushwaha v. State of Uttar Pradesh] While dealing with the appeal of a POCSO Convict, accused of committing oral sex with a 10-year-old boy, the High Court observed that putting the penis into the mouth does not fall in...

Sentence Of Fine U/S 138 NI Act Must Be Sufficient To Adequately Compensate Complainant: J&K&L HC Specifies Guiding Factors For Courts

In a significant Judgment, the Jammu & Kashmir And Ladakh High Court recently issued certain guiding factors for Magistrates to consider when they pass conviction orders under Section 138 of the Negotiable Instruments Act.The Judgment by the Bench of Justice Sanjeev Kumar stresses that the sentence of fine, whenever imposed by the Criminal Court, upon conviction of accused under Section...

Educational Institution Not An 'Establishment' Under 'Telangana Shops And Establishments Act': Telangana High Court

The Telangana High Court recently held that an educational institution is not covered within the meaning and definition of 'establishment' as defined under Section 2(10) of the Telangana Shops and Establishments Act, 1988.The Bench of Chief Justice Satish Chandra Sharma and Justice B. Vijaysen Reddy took into account the Apex Court and Kerala High Court rulings to arrive at this...

Gangster Vikas Dubey's Wife Moves Supreme Court Against Allahabad HC's Order Refusing To Quash Cheating Case Against Her

The wife of slain gangster Vikas Dubey (of Bikru, Kanpur), Richa Dubey has moved the Supreme Court challenging Allahabad High Court's order refusing to quash entire criminal proceedings in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.The matter/SLP is likely to be heard tomorrow by the Bench of Justice Sanjiv...

"Such Offence Demolishes Social Fabric": Allahabad High Court Denies Bail To Man Convicted Of Raping Cousin

The Allahabad High Court recently denied bail to a man convicted of committing rape on his cousin sister (as a result of which she became pregnant and gave birth to a male child) while noting that such offence demolishes social fabric.The Bench of Justice Anil Kumar Ojha took into account the admitted position of the case that appellant (bail applicant) and rape victim are siblings...

High Court Seeks Delhi Govt's Response On Functioning Of Committee Set Up For Implementing Directions For Execution Of Recovery Certificates

The Delhi High Court has sought the response of Delhi Government on the functioning of a committee set up for implementing the directions issued for execution of recovery certificates. The development came after the Court in June this year issued slew of directions to be followed by SDM/Recovery Officer/Appropriate Authority for execution of the Recovery Certificates. The Court had...

[49 Criminal Cases 'Wrongly' Imposed On A Man In 23 Yrs] "Not Expected From UP Police": Allahabad HC Summons DGP

The Allahabad High Court recently took note of a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years and directed for the presence of the Director-General of Police, Uttar Pradesh before the Court.Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh further noted that such callous action...

'Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent': Karnataka High Court Grants Bail To Rape Accused

Whether victim had given consent under threat is a matter of trial, the Court said.