Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well as the father, observing, “The Court...

SARFAESI : Borrower Has No Right Of Hearing In Proceedings Under Section 14 : Karnataka HC [Read Judgment]

The High Court of Karnataka has held that borrower has no right of hearing in proceedings under Section 14 of the SARFAESI Act.The ruling was delivered by a Division Bench of Chief Justice Dinesh Maheshwari and Justice R Devdas, setting aside the general directions issued by a Single Judge that borrowers have the right to be heard in proceedings under Section 14.The matter pertained Section...

Wife Opting For Job Far Away From Matrimonial Home Isn’t ‘Desertion’: Chhattisgarh HC [Read Order]

‘The husband and wife are to be equally treated and if the wife opted to join the job at a different place, she cannot be otherwise forced at the behest of the husband or his family members to remain at her matrimonial home alone.’The Chhattisgarh High Court has held that if a wife opts for a job at a place far away from her matrimonial home, it cannot be said that she is guilty...

High Courts Weekly Round-Up

Allahabad High CourtA petition filed under Section 482 of CrPC by the accused challenging an order of Magistrate directing reinvestigation by police was dismissed by the Allahabad High Court on the principle that accused has no right of hearing during investigation. The Court held that investigation cannot be regarded as a proceeding pending against the accused so as to invoke Section...

Maratha Reservation :Maharashtra Govt Files Caveat In Supreme Court [Read Petition]

The Maharashtra Government has filed a caveat petition in the Supreme Court, anticipating challenge against the legislation passed by the assembly on November 30, providing 16% reservation to Marathas in job and education.The bill was unanimously passed, in view of the long standing demand by the Maratha community.  At present, Maharashtra has 52% reservation, and the Maratha quota has taken...

Jodhpur Court Directs Police To File FIR Against Twitter CEO Jack Dorsey Over 'Brahmanical Patriarchy' Poster

A Rajasthan court has directed the police to register an FIR against Twitter CEO Jack Dorsey and begin an investigation for allegedly "hurting sentiments" of the Brahmin community.The metropolitan magistrate's court in Jodhpur gave these directions while allowing a petition moved by a right-wing group.Rajkumar Sharma, vice-president of the Vipra Foundation's youth wing, had moved the petition...

Land Acquired Under National Highways Act Cannot Be Restored To Owner Due To Non-Utilisation: Allahabad HC [Read Order]

The Allahabad High Court has ruled that land acquired under the National Highways Act, 1956 cannot be restored to its former owners despite its non-utilisation.The order was passed by a bench comprising Justice Amreshwar Pratap Sahi and Justice Bachchoo Lal.The court was hearing a petition filed by one Santosh Devi, who had submitted that land had been acquired from her for the purpose of...

Bombay HC Seeks Centre’s Response In RBI’s Petition Challenging CIC Order Directing Disclosure Of FCRA List [Read Order]

The Bombay High Court on Thursday directed the Centre to file its reply to a petition filed by the Reserve Bank of India challenging an order by the Chief Information Commission (CIC) directing the RBI to disclose names of wilful defaulters and foreign donors on the Foreign Contribution (Regulation) Act (FCRA) watchlist.The division bench of Justice B.P. Dharmadhikari and Justice S.V....

Conjugal Visits For Prisoners Leads To Strong Family Bonds: Madras HC Grants Two Weeks’ Parole To Life Convict For Conjugal Visit [Read Order]

The Madras High Court, on Monday, granted two weeks’ parole to a life convict for the purpose of conjugal visit.The matter was heard by a bench comprising Justice CT Selvam and Justice S. Ramathilagam.The court had been approached by one P. Muthumari, who is the wife of a life convict, Perumal who is currently lodged in Central Prison, Cuddalore.The Additional Public Prosecutor had pointed...

Passport Can’t Be Refused On The Ground That It’s Detrimental To India’s ‘Economic’ Security: Kerala HC [Read Judgment]

“Granted, the Passport Act denies passports to the persons posing danger to the “security” of the nation, does that security include the “economic security”? We will see.”Holding that the term ‘security’ in Section 6(1) of the Passport Act does not encompass ‘economic security’, the Kerala High Court observed that passport cannot be refused on the ground that it is...

Has A District Lawyer Not Practicing In HC Ever Been Designated As A Senior Advocate? Calcutta HC Seeks To Know [Read Order]

The Calcutta High Court has sought to know from the High Court Administration whether the Supreme Court or any high court has ever appointed any member of the District bar, not practicing in the high court, as a Senior Advocate.A bench comprising Justice IP Mukherjee and Justice Amrita Sinha issued the direction on a petition filed by one Debasish Roy.Mr. Roy had, earlier this year,...

Bombay HC Dismisses Sanjay Nirupam’s Petition Seeking BJP MP’s Election To Be Declared Null And Void [Read Judgment]

The Bombay High Court recently dismissed an election petition filed by Sanjay Nirupam, president of the Mumbai Regional Congress Committee. In the petition filed under Section 100(1)(d)(i) and Section 100(1)(d)(iv) of the People’s Representation Act, 1950, Nirupam had prayed for BJP MP Gopal Shetty’s election in 2014 from the Mumbai North constituency to be declared null and...