Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]

The provisions of the [Indian Succession] Act, 1925 have withstood the test of time without much amendment, the court said.The Kerala High Court has turned down a widow’s plea challenging the constitutionality of Section 33(b) of the Indian Succession Act which provides 50 percent of deceased husband’s property to those who are kindred to him.Philomina had approached the high...

‘WhatsApp/Facebook Hartal’ Call To Protest Kathua Rape’: Kerala HC Denies Anticipatory Bail To 5 Accused [Read Order]

The Kerala High Court, on Tuesday, rejected anticipatory bail plea of five persons apprehending arrests in connection with ‘Facebook Hartal’ to protest Kathua Rape Incident.Directing the accused to surrender, Justice Raja Vijayaraghavan V observed that the hartal was declared ‘in a secretive manner’ and by abusing the ‘awesome power of technology’.Ashraf, Mahir, Ratheesh, Shamjith...

High Courts Weekly Round-Up

Bombay High CourtIn a significant judgment, the Bombay High Court held in a corruption case that death of the main accused does not mean abatement of the trial.Dismissing a petition filed by one Vikas Sawant, son of a retired Class IV employee at Government Central Press, Mumbai, the Bombay High Court held that direct recruitment to a government service bypassing the recruitment rules or...

Kerala HC Grants Anticipatory Bail To Man Accused Of Committing Sexual Assault On His 6-Yr-Old Son [Read Order]

The Kerala High Court has granted anticipatory bail to a 38-year-old man, accused of touching his minor son inappropriately with sexual intent after it noted that the complaint had been filed in the case two years after the alleged incident when the relationship between the accused and her wife had become strained.Justice R Narayana Pisharadi granted anticipatory bail to the accused, a...

Treated For Varicose Veins But Not Fit For Military/Paramilitary Posts: Delhi HC [Read Order]

A man desirous of joining the Central Reserve Police Force as Constable has his dream cut short as the Force as well as the Delhi High Court held that the medical treatment for his varicose veins might have made him fit for civilian jobs but not for military/paramilitary posts which entails working in extreme conditions.A bench of Justice Hima Kohli and Justice Pratibha Rani declined to...

Madras HC Quashes Criminal Complaint Against BSNL Employees Who Put ‘Smiling Face With Tears’ Emoji In Official WhatsApp Group [Read Order]

‘When it is accepted that an emoji is sent to express ones feeling about something, it cannot be treated as an overt act on others. It is a comment may be intended to ridicule or to show one's disapproval in a given context.’ the Court said.The Madras High Court recently quashed a criminal complaint against BSNL employees who put ‘smiling face with tears’ emoji in the official...

Not Illegal To Name Hotels After Castes And Communities, Madras HC Tells Protesters [Read Order]

Speaking for myself, I used to regularly go to 'Reddiyar Mess' at Pondicherry for having my lunch during my college days, the Judge said.The Madras High Court has observed that there is nothing uncommon or illegal in naming hotels after caste and communities and it is the fundamental right of the proprietor concerned.Justice GR Swaminathan was considering a petition filed by Periyar...

Bombay HC Upholds MAT Order, Rejects Discrimination Alleged By Petitioner Seeking Direct Recruitment To Retired Father’s Post [Read Judgment]

Dismissing a petition filed by one Vikas Sawant, son of a retired Class IV employee at Government Central Press, Mumbai, the Bombay High Court has held that direct recruitment to a government service bypassing the recruitment rules or the normal selection procedures only on the ground that the petitioner is a ward of a retired Class IV employee would ‘fly in the face of Article 16(2) of...

Child In Conflict With Law Can Apply For Anticipatory Bail U/S 438 CrPC, Sec 12 (1) JJ Act Not A Bar :High Court Of Kerala [Read Order]

Can a child in conflict with law apply for anticipatory bail? And is an application for anticipatory bail at the instance of a child in conflict with law maintainable before the high court or the Court of Session?Justice R Narayana Pisharadi of Kerala High Court has decided the questions as he held that a child in conflict with law can very well apply for anticipatory bail as there is nothing...

‘Forced Sex’ Certainly A Ground To Seek Divorce, Says Punjab & Haryana HC [Read Judgment]

If on appreciation of evidence and nature of the allegations corroborated by other circumstances, it is established that it is probable that one of the spouses has indulged in above said unnatural acts, the marriage can be dissolved by a decree of divorce, the bench said.The Punjab and Haryana High Court has observed that forced sex can certainly be a ground to seek separation or decree...

Petition Says Benami Transactions (Prohibition) Act Violates Right To Equality Of Advocates,Doctrine Of Separation Of Powers: Madras HC Issues Notice

The Madras High Court has issued notice on a petition challenging the constitutional validity of provisions of the Benami Transactions (Prohibition) Act pertaining to qualifications for appointment of chairpersons and members of the Adjudicating Authority and it's Appellate authority  on the ground that these restrict the qualification of appointment of judicial members to Indian Revenue...

Gujarat HC Refuses To Stay JEE(Advanced) Exam Results, But Says Results Subject To Further Orders [Read Order]

The Gujarat High Court on Wednesday refused to stay the results of the 2018 JEE (Advanced) examination scheduled to be declared on June 10.Justice Biren Vaishnav asserted that the "declaration of the result has all India ramification", but clarified that the results shall be subject to further orders that may be passed. The Judge also issued notice to the organizing chairman of the JEE...