SC notice to Gujarat Govt. on Hardik Patel’s fresh plea against Sedition Charges

The Supreme Court today issued notice to Gujarat government on a fresh petition filed by Patel quota agitation leader Hardik Patel against High Court order refusing to  quash sedition charge against him for allegedly attacking places like police stations in the state.Justices J S Khehar and R F Nariman posted the appeal for hearing on January 5 with another plea of pending plea...

498A; Relatives of the husband should not be made to suffer the ignominy of a criminal trial in the absence of specific and credible allegations; Madhya Pradesh HC [Read Judgment]

“the averments against the accused other than her husband and father-in-law were omnibus in nature and no specific role in this regard has been ascribed to any of them nor time and date of the assault has been given”.Quashing a crime registered under section 498-A read with section 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, 1961, Justice C.V. Sirpurkar of...

High Courts Weekly Round-Up

Allahabad High CourtAllahabad High Court convicted a lawyer for committing criminal contempt of subordinate Court and has sentenced him to undergo simple imprisonment of six months. Division bench of Justices Sudhir Agarwal and ShamsherBahadur Singh has also restrained the lawyer from entering the High Court and District court premises for a period of three years.Bombay High CourtBombay...

Strict proof of marriage, not required in summary ‘maintenance’ proceedings under Section 125 CrPC: Bombay HC [Read Judgment]

The JMFC had failed to appreciate that the proceedings under Section 125 of Cr.P.C. are summary in nature and not intended to affect the civil rights of the parties. In proceedingsof this nature, there is no question of insistence upon strict proof, the court said.Bombay HC has held that in matters of awarding maintenance under Section 125 of Code...

Madras HC directs bank to consider giving Educational loan to a Teenager, despite his ineligibility for the same [Read Judgment]

We are of the view that the bank could consider the case of the appellant sympathetically, without making it a precedent and on the clear understanding that as of right the appellant is not entitled to grant of loan, the bench said.Madras HC, in a relief to a poor teenager, has directed the bank, which had denied him the educational loan because of his ineligibility, to consider his...

Lawyer sentenced to six months imprisonment for Contempt of Court: Allahabad HC [Read Judgment]

Every order passed by Court will be in favour of one of the party and against another.The losingpartycannotbeallowedto challenge the very integrity of Judicial Officer in passing an order and that too without any material to support such an allegation, the bench said.Allahabad High Court has convicted a lawyer for committing criminal contempt of subordinate Court and has sentenced him to...

Public Representatives who do not refer Complaints to Police have no business to remain on their posts; Tripura HC [Read Judgment]

The Pradhan of the Panchayat is a public representative, if the parties are very poor or illiterate or even assuming that the mother did not want to lodge any complaint we are clearly of the view that the Pradhan being the head of the village should have herself lodged the complaint …… We are clearly of the view that public representatives who do not refer such complaints to the police...

Legal heirs of the deceased cannot settle Criminal cases on his behalf : Punjab and Haryana HC [Read Judgment]

It is inexplicable how they can be allowed to do so on behalf of a dead person. Possibility that they have acted under pressure or for some consideration, cannot be ruled out, the court said while refusing to quash the FIR.The Punjab and Haryana High Court has held that legal heirs of the deceased cannot enter into a compromise with the accused. Justice Rajan Gupta refused to allow an...

Wife suffering from Sexually Transmitted Disease, is not ‘cruelty’ to seek divorce: Punjab and Haryana High Court [Read Judgment]

A person suffering from Hepatitis B which could be communicated by sexual access is not a ground which is available under Section 13 of the Hindu Marriage Act, the court said while dismissingThe Punjab and Haryana High Court, has held that merely because a spouse is having a Sexually Transmitted Disease, and consequentially the other spouse being not possible for that reason, does not...

Bombay HC acquits Salman Khan in 2002 Hit and Run Case [Read Judgment]

Bombay High Court Today allowed the Appeal filed by Bollywood superstar Salman Khan against a Trial Court verdict which sentenced him for Five Year Imprisonment in the 2002 Hit and Run Case. Justice A.R.Joshi acquitted him of all charges holding that the prosecution failed to prove the Case beyond reasonable doubt.On 28 September 2002, Salman Khan’s car had run over a group of persons who...

Father in Law not part of family to get Medical reimbursement: Punjab and Haryana HC [Read Judgment]

The Punjab and Haryana High Court has held that Father in Law of a Government employee is not entitled to get medical reimbursement under the Punjab Medical Attendance Rules, 1940. Justice G.S. Sandhawalia held that father in law cannot be treated as part of family in the definition given in the rules.A Government official, Monika had filed a writ petition challenging the rejection of her...

Highlights of Delhi Jan Lokpal Bill [Read the Bill]

The Delhi Legislative Assembly has passed the Jan Lok Pal Bill last week and it got uploaded in the Delhi Legislative assembly web portal only yesterday. The Bill opens with a statement that the “Government is steadfastly committed to the establishment of the National Capital Territory of Delhi as a “Corruption Free Zone” and has made every effort to restore probity in...