No Rebuttal To Desertion Allegations Despite Entering Appearance: Karnataka High Court Dismisses Wife's Appeal Against Divorce Decree

The Karnataka High Court has dismissed an appeal filed by a woman challenging an order of the family court granting divorce on the grounds of desertion as the wife failed to counter the averments made by the husband in the petition. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said “It is trite law that if a witness is not subjected to cross-examination by the...

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act

The Delhi High Court on Wednesday sought response of the Union of India on pleas seeking information in respect of recommendations of the Supreme Court Collegium under Right to Information Act, 2005.Calling it an “important matter”, Justice Prathiba M Singh asked Additional Solicitor General Chetan Sharma to seek appropriate instructions and file an affidavit as the RTI applications relate...

Don't Use Interim Stay To Mislead Consumers On Service Charge: Delhi High Court To Hotels, Restaurants

The Delhi High Court on Wednesday said that its interim order staying the guidelines of Central Consumer Protection Authority (CCPA), that prohibit the hotels and restaurants from levying service charges “automatically or by default” on bills, shall not be shown on the menu cards or display boards in a manner to mislead the consumers that the service charge has been approved by...

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed“… if the applicant has stated any justifiable or valid reason for...

Decide AIADMK’s Representation For Updation Of Its Amended By-Laws Within 10 Days: Delhi High Court Directs ECI

The Delhi High Court on Wednesday directed the Election Commission of India to decide within ten days the representation of All India Anna Dravida Munnetra Kazhagam (AIADMK) for updation of its amended by-laws with the records of the constitutional body.The counsel representing ECI told Justice Purushaindra Kumar Kaurav that the Commission will take a call on the representation within...

Punjab and Haryana High Court Quashes FIR Against Persons Accused Of Abetting Suicide Of School Principal In 2014

The Punjab and Haryana High Court recently quashed a case of abetment to suicide, observing that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide. Ranjit Singh, the Principal of Senior Secondary School, Latala, allegedly died by suicide in 2014. His son in the complaint said that he was told...

State Utilizing A Small Part Of Tax To Provide Conveniences To Any Religious Denomination Doesn't Violate Article 27: Allahabad HC

The Allahabad High Court has observed that if the State spends some money out of the taxes/revenue collected by it from the citizens for providing some conveniences or facilities to any religious denomination, the same will not be violative of Article 27 of the Constitution of India.For context, Article 27 of the Constitution of India mandates that no person can be compelled to pay any...

Bombay High Court Quarterly Digest: January To March 2023

Nominal Index [Citation 1 – 175]World Phone Internet Services Pvt. Ltd. v. One OTT Intertainment Ltd. In Centre 2023 LiveLaw (Bom) 1Lt. Col. Prasad Purohit v. National Investigation Agency 2023 LiveLaw (Bom) 2Vanashakti and Anr. v. Dharavi Redevelopment Project Slum Rehabilitation Authority and Ors. 2023 LiveLaw (Bom) 3Naresh s/o Netram Nagpure and Ors. v. State of Maharashtra 2023...

Children Not Property, Parents Don’t Have Absolute Rights Over Their Destiny: Bombay High Court

“In India, matrimonial disputes constitute the most bitterly fought adversarial litigations and a stage comes when warring couples stop seeing reasons…In such cases, court’s must exercise the parent patriae jurisdiction,” the Bombay High Court observed while making visitation arrangements in a bitterly fought, long drawn matrimonial dispute.A division bench comprising Justices RD...

[S.138 NI Act] Magistrate Has Judicial Discretion To Dispense Personal Appearance Of Accused: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that a Magistrate dealing with a complaint under Section 138 of the Negotiable Instruments Act can waive personal appearance of the accused, if it finds that insistence of his personal appearance would itself inflict enormous suffering or tribulations to the accused.Justice Javed Iqbal Wani observed,"Such discretion needs...

Appointment Offer Can't Be Cancelled Merely On Basis Of Previous Involvement In FIR Without Considering Reasoning In Judgment: Delhi High Court

The Delhi High Court has said that generalizations cannot be made to deny the offer of appointment merely on the basis of registration of FIR without considering the reasoning in the judgment and the relevant facts and circumstances.The division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta made the observation while directing the authorities to consider the appointment of...

Selection Committee Bound To Reconsider Employee For Promotion Based On Upgraded Performance Grade: Bombay High Court

The Bombay High Court recently held that when the grade of an employee is upgraded in his performance report, the selection committee has to reconsider him for promotion taking into account his upgraded grade.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne was dealing with an employee’s writ petition seeking promotion once his performance grade...