Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]

In a significant judgment, the Bombay High Court has held that even when a wife enters into an agreement with her husband waiving off her right to maintenance, her statutory right to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.Justice MS Sonak was hearing a writ petition filed by one Ramchand Kamble. In the petition,...

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]

The Bombay High Court recently held that a 'child', as is defined under Section 2(12) of the Juvenile Justice (Care and Protection of Children) Act, 2000, who has not committed a heinous offence, cannot be tried at a Children's Court.Under Section 19(3) of the JJ Act, a Children's Court may send a child to a place of safety till he attains the age of 21 years and thereafter, the...

Disqualification Of Directors : Companies Act 2013 Takes Effect Only From FY 2014-15; Gujarat HC Quashes MCA List [Read Judgment]

The Gujarat High Court has quashed the list of disqualified directors published by the Ministry of Corporate Affairs (MCA) on September 12, 2017. The Court held that Section 164(2) of the Companies Act is prospective in nature and will take effect only from its date of notification, viz, April 1, 2014.In September 2017, the MCA had published a list of nearly three lakh...

Rajasthan HC Approves Relocation Of Tigers To Mukundra Hills Tiger Reserve

The Rajasthan High Court has approved the relocation of a tiger to the Mukundra Hills Tiger Reserve (MHTR) and has also paved way for the shifting of two tigresses from the Ranthambore National Park to MHTR.The decision was rendered by a bench comprising Justice Mohammad Rafiq and Justice Goverdhan Bardhar.The court was hearing a petition filed by wildlife activist Ajay Shankar Dubey, seeking...

Uphaar Fire Tragedy: Sushil Ansal Misled Govt & Courts To Obtain Passport, Says Delhi HC; Orders FIR [Read Order]

The Delhi High Court has held that real estate tycoon and 1997 Uphaar fire tragedy case convict Sushil Ansal had “on oath misled the Government of India and the Court that he has not been convicted in any criminal proceedings by any Court” when he availed of the benefit of a passport under the tatkaal scheme in the year 2013 and travelled on it outside the country few times.Justice...

J&K HC-Appointed Committee Fears Dal Lake Won’t Survive Beyond 30 Yrs, HC Passes String Of Interim Directions

The Committee of Experts (COE) appointed by the Jammu and Kashmir High Court has sounded an alarm that the Dal Lake may not survive beyond 30 years if the polluting activities in and around it continue as usual.Taking the report of the COE on record, the high court bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar passed a string of interim directions, including gradual elimination...

Delhi HC Affirms Application Of IPC Sexual Harassment Provision To Transgenders [Read Order]

In a welcome development, the Delhi High Court has affirmed the application of Section 354A of the Indian Penal Code, 1860 to transgender victims of sexual harassment.The determination came by a bench comprising Justice Siddharth Mridul and Justice Sangita Dhingra Sehgal, on a petition filed by a transgender person who identifies as a woman, though she was assigned “male” sex at...

Court Not Denuded Of Power To Look Into Anticipatory Bail Plea In Cases Under SC/ ST Act: Calcutta HC [Read Judgment]

The Calcutta High Court has held that despite the recent amendment providing against the applicability of Section 438 CrPC (anticipatory bail) to cases under the Scheduled Castes and the Scheduled Tribes Act (atrocities against members of SC/ST), a court is not denuded of its power to look into the anticipatory bail petition of a person accused of having committed an offence under Section 3...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court came down heavily on the Uttar Pradesh Government for cancelling a Type-VI accommodation provided to the Lokayukta and instead allotting a lower category accommodation.Bombay High CourtThe Bombay High Court on Monday refused to stay the Reserve Bank of India’s deadline of December 31 for dilution of promoter stake in Kotak Mahindra Bank. The RBI...

Make In India: Bombay HC Grants Relief To 3 Chinese Firms, 69 Chinese Workers; Quashes ‘Leave India’ Notice Issued

A Hong-Kong based concern claiming to be working in India under the ‘Make in India’ initiative secured relief from the Bombay High Court on Friday. Some 69 workers of the said concern were invited by Pacific Cyber Company Pvt Ltd, an Indian company engaged in development and assembly of mobile phones, to visit the Pacific’s plants in Daman and Silvasa, to provide technical know-how...

Another Win For Gopal Subramanium For Daiichi: Singapore Court Dismisses Appeal By Singh Brothers Of Ranbaxy Against Rs 3,500 Crore ICC Award

In yet another setback for former promoters of Ranbaxy – Malvinder and Shivinder Singh -- the Singapore High Court has upheld the Rs. 3,500 Crores (720 Million Dollars) ICC Arbitral Award in favour of a Japanese Pharmaceutical major Daiichi Sankyo Company Limited which was represented by senior advocate Gopal Subramanium who assisted the court on Indian law.This is also the first of its...

Yavatmal Human Sacrifice Case: Bombay HC Acquits 6 Death Row Convicts [Read Judgment]

Nagpur bench of the Bombay High Court on Friday acquitted six people in the Yavatmal human sacrifice case of 2012.The judgment was passed by a bench comprising Justice PN Deshmukh and Justice MG Giratkar.In October 2012, a seven-year-old girl was killed in Yavatmal district. As per the prosecution case, one of the convicts, Durga Shirbhate had claimed that she had been possessed by a goddess....