High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court, in Dr. Kuldeep Kaushik vs. State of UP, held that a magistrate has the authority to interfere in a case investigation if it is not going on in a proper or fair manner.In Ramsiya Yadav vs. State of UP, The High Court held that gratuity can be withheld in a case where judicial proceedings are pending on the serious charges against employee.The...

HC can entertain amendment plea in pending suits originally valued below Rs 2 crore: Delhi HC [Read Judgment]

The Delhi High Court in Subhashini Malik Vs. S.K. Gandhi, has held that an amendment application to amend pecuniary value for the purposes of jurisdiction (in view of Delhi High Court Amendment Act, 2015) can be entertained by the high court and upon the suit being of lesser than Rs 2 crore, the court does not become functus officio.The suit filed in this case in 2009 before the high court...

CJM working in non-metropolitan area can assist secured creditor to take possession: Allahabad HC [Read Judgment]

It observed that the nomenclature 'Chief Metropolitan Magistrate' used by the legislature in Section 14 of the SARFAESI Act, 2002, includes Chief Judicial Magistrate functioning in non-metropolitan area and shall have jurisdiction to entertain an application made under Section 14 of the Act.The Allahabad High Court in Abhishek Mishra vs State Of U.P. has held that the Chief Judicial...

Inter-faith marriages must be registered under Special Marriage Act 1954 for validity: Kerala HC [Read Judgment]

The Kerala High Court has ruled that a marriage between persons belonging to different and distinct religions needs to be mandatorily registered under the Special Marriage Act 1954, to be held legally valid.The court also slammed organisations like the SNDP Yogam, Sivagiri Mutt and others, which issue marriage certificates to partners belonging to different religions without exercising...

Denying sex to spouse is a ground for divorce: Delhi HC

Denying sex to the spouse for a long time amounts to mental cruelty and is a ground for divorce, the Delhi High Court reiterated on Friday, while hearing a divorce petition.Refusal of physical relationship was one of the main grounds cited by the high court to grant relief to a 46-year-old man (name concealed) apart from the fact that his wife used to misbehave with his mother and used to...

Delhi HC quashes appointment of 21 AAP MLAs as parliamentary secys

In a major setback to the Delhi Government, the Delhi High Court has set aside the government order to appoint 21 AAP MLAs as parliamentary secretaries.The first Bench of the high court comprising Chief Justice G Rohini and Justice Sangita Dhingra Sehgal passed the order after recording the statement made by counsel appearing for the Delhi Government that the order was issued without...

As Registration Of Cases u/s 66A Continues Despite SC Verdict, MP Asks PM to Intervene [Read Letter]

The NCRB data has revealed that 4,154 cases were registered under Section 66A, that tramples upon the Fundamental Right to freedom of speech and expression and has already been struck down by the Supreme Court, in 2015.In a letter addressed to Prime Minister Narendra Modi, Rajya Sabha member Rajeev Chandrasekhar has demanded that the Home Ministry and Law Ministry be directed to cancel...

Delhi High Court issues notice to Radio One FM channel [Read Petition]

The Delhi High Court has issued a fresh notice to FM broadcaster Radio One Ltd. in context of a Public Interest Litigation (PIL) alleging airing of objectionable content. The FM broadcaster has to respond to the notice by November 2. The litigant sought cancellation of the channel’s licence.Advocate Krish Kalra filed the PIL against the FM channel, broadcasted on radio frequency 94.3 MHz,...

Trial Court Must Ensure Proper Legal Aid For Accused: Delhi HC [Read Judgment]

It is the duty of every trial court to ensure that the defence of an accused is not compromised in any manner, the Delhi High Court has observed, while hearing the appeal of an accused who has been languishing in Tihar Jail for nearly eight years on murder charges without getting a fair trial. Over this period, the mental health of the prisoner has also declined due to melancholia.The...

CBI Arrests Haryana Civil Judge Ravneet Garg For Wife’s Murder

The CBI on Thursday arrested sitting Haryana civil judge (senior division, Kaithal) Ravneet Garg in an ongoing investigation of the murder of his wife Gitanjali Garg in 2013.He was produced before CBI Special Magistrate Kapil Rathi on Thursday morning and was remanded in 5-day police custody.The then chief judicial magistrate’s wife’s body was found in a park at Police Lines, Gurgaon, on...

Ankur Panwar Gets Death Sentence In Preeti Rathi Acid Attack Case

Three years after 23-year-old Preeti Rathi succumbed to the injuries sustained in an acid attack incident, a Special Court for offences against women has accorded death sentence to Ankur Panwar after he was convicted in the case.The judgment is the first of its kind and is being seen as a legal landmark as an imposition of the most severe criminal sanction – execution - should prove to be...

SC Reserves Judgment In Soumya Murder Case

The Supreme Court has reserved its judgment in Soumya murder case after concluding the final hearing in appeal filed by convict Govindachami.The Bench, which was reportedly seen convinced on the aspect that the victim was raped, however expressed its doubts on whether she was pushed by the accused out of the train, which resulted in her death.The Bench observed: “"The court is convinced...