Divorce Can't Be Sought On Ground Of Partner's Infertility, Amounts To Mental Cruelty: Calcutta High Court

The Calcutta High Court on Tuesday ruled that infertility of a woman cannot be a valid ground for seeking divorce. The Court also underscored that asking for divorce by mutual consent from one’s wife who is in a traumatic situation for having developed primary infertility amounts to mental cruelty within the definition of Section 498A of the IPC.Justice Shampa Dutt (Paul) observed,“The...

Bombay High Court Reserves Order In Plea By Political Worker Arrested For Social Media Posts On State Minister Chandrakant Patil

The Bombay High Court reserved for order a plea filed by political worker Sandeep Kudale for quashing an FIR against him for allegedly promoting enmity between different groups through his social media posts.The division bench of Justice Revati Mohite-Dere and Justice Prithviraj K. Chavan also directed the police not to file charge sheet against Kudale in the meantime.The FIR, registered...

Tamil Nadu Governor RN Ravi Files Criminal Defamation Complaint Against Suspended DMK Spokesperson Over 'Go To Kashmir' Remark

The Governor of Tamil Nadu Dr RN Ravi has moved the Principal District and Sessions Court, Chennai seeking action against suspended DMK member Shivaji Krishamoorthy, for making defamatory remarks against him. In a speech made on January 13th, Krishnamoorthy had remarked that if the Governor could not read out the speech given by the Tamil Nadu government, he could go to Kashmir. He further...

Requested Centre, Delhi Govt To Provide 'Interest Free Subordinate Debt' For Payment Of Dues To Reliance Infra: DMRC To High Court

The Delhi Metro Rail Corporation (DMRC) has told High Court that it has requested the Central Government and Delhi Government to provide “interest free subordinate debt” for payment of its unpaid dues of arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Private Ltd (DAMEPL).In its affidavit filed on January 18, DMRC has informed court that it has written...

JJ Act | Child In Conflict With Law Can Seek Anticipatory Bail U/S 438 CrPC: Orissa High Court

The Orissa High Court has held that the provision of anticipatory bail as provided under Section 438 of the Code of Criminal Procedure, 1973 will be applicable to ‘children-in-conflict-with-law’ (CCLs). The Single Judge Bench of Justice Sashikanta Mishra rejected the argument that since there is no provision for ‘arrest’ under the Juvenile Justice Act, anticipatory bail cannot...

NCLT Hyderabad Grants A Series Of Concessions/Waivers To The Successful Bidder

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Shri Sri Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in State Bank of India v K.R.R Infraprojects Pvt. Ltd., has granted several waivers/concessions to the Successful Bidder including waiver from penalties imposed...

Delhi High Court Dismisses Plea By Asiya Andrabi's Dukhtaran-E-Millat Challenging UAPA Ban

The Delhi High Court on Thursday dismissed a plea moved by Separatist leader Asiya Andrabi led Dukhtaran-e-Millat (DeM) challenging a notification declaring it as a terrorist organisation under Unlawful Activities (Prevention) Act, 1967.The Kashmir-based all-women outfit was banned by the Centre on December 30, 2004 under Section 3 of UAPA. Arrested by the National Investigation Agency in...

Ministry Of Corporate Affairs Invites Public Comments On Proposed Changes In IBC

The Ministry of Corporate Affairs, Government of India, has issued a circular inviting comments from the public on the changes proposed to be made in the Insolvency and Bankruptcy Code, 2016 (“IBC”). The proposed changes relate to the admission of corporate insolvency resolution process (“CIRP”) applications, streamlining the insolvency resolution process, recasting the...

Walayar Rape Case | Victims' Mother Seeks Monitoring Of CBI Investigation By Kerala High Court

The mother of the two minor girls in the Walayar rape case has approached the Kerala High Court seeking monitoring of the probe being conducted by the Central Bureau of Investigation (CBI).The matter was listed before Justice Kauser Edappagath today. The court said it would take up the case after two weeks.The prosecution case was that the accused persons had trespassed into the shed where...

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences (POCSO), Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to five...

Chhattisgarh HC Expunges Trial Court's 'Adverse' Remark Made Against Probe Officer Sans Affording Her An Opportunity Of Hearing

The Chhattisgarh High Court recently expunged an 'adverse' remark made by the trial court against an investigating officer over a discrepancy in the probe without affording an opportunity of hearing to her, pursuant to which, a departmental enquiry was initiated against her.The bench of Justice Sanjay K. Agrawal and Justice Rakesh Mohan Pandey stressed a judge has a duty to not make unmerited...

Employee Facing Departmental Action Allowed To Engage Advocate For His Defence If Inquiry Officer Is A Legal Expert: Gujarat High Court

In the context of departmental proceedings, the Gujarat High Court has held that a delinquent employee is entitled to engage a counsel for his defence where the inquiry officer himself is a legal expert.Allowing the plea made by one such employee, Justice A.S. Supehia observed,"In the present case, since the Inquiry Officer himself is a City Civil Judge and expert in the legal proceedings,...