News Updates
Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have a real-life...
DNA Tests Can Encroach On Privacy & Physical Autonomy, Can't Be Directed As A Matter Of Course: Jharkhand High Court
The Jharkhand High Court has observed that the order to conduct DNA Tests cannot be passed as a matter of course as such a direction may encroach privacy and physical autonomy of a person. With this, the bench of Justice Sanjay Kumar Dwivedi upheld an order of the Special Judge, POCSO, Ranchi rejecting the plea of the man, facing rape charges under the POCSO Act, seeking a direction to...
Calcutta HC Directs State To Pay ₹30 Lakh Compensation For Demolishing Structures During Pendency Of Writ In Flagrant Violation Of Its Stay Orders
The Calcutta High Court on Wednesday directed the State authorities to pay ₹30 Lakh compensation for demolishing the structures which were the subject matter of a writ petition filed by the petitioner, despite Court's interim orders directing the respondents to stop such demolitions until the matter was heard on affidavits. Holding the authorities in contempt of the Court's orders,...
Allahabad HC Orders Inquiry Against 'Unruly' Advocates Who Raised Slogans To Assault Police Officers Summoned By Court
The Allahabad High Court on Thursday took serious note of the conduct of certain 'unruly' advocates who raised slogans, outside the courtroom, to assault police officers, including lady officers, who were summoned by the Court in connection with a criminal writ petition.The bench of Justice Suneet Kumar and Justice Syed Waiz Mian directed the Registrar General to conduct a discreet inquiry...
Public Opinion Cannot Take The Face Of Evidence: RSS Argues In Plea Against Single Judge Order Imposing Conditions For Route March
Public opinion cannot take the face of evidence, Rashtriya Swayamsevak Sangh (RSS) argued before the Madras High Court while challenging a single bench's order imposing certain conditions on its route march. "The court had looked at the intelligence report and observed that there was nothing in it. Yet, it went on to impose conditions. Public Opinion and Press Reports cannot take the face...
S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court
The Madhya Pradesh High Court recently held that a person can be convicted for murder based on an authentic dying declaration of the deceased, even if the prosecution is unable to establish any motive or prior enmity on the part of the accused. The division bench comprising Justices Sujoy Paul and Prakash Chandra Gupta observed- So far existence of 'enmity' and 'motive' is concerned,...
Reporting And Publishing Of Judgments Part Of Freedom Of Speech And Expression, Cannot Be Taken Away Lightly: Kerala High Court
The Kerala High Court on Friday ruled that reporting and publishing of judgments are part of freedom of speech and expression.Dealing with petitions seeking enforcement of the 'right to be forgotten' against uploading of court orders or judgements on the internet, the division bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen said:"The Courtroom is open to all. The Court...
Form ICC For Sexual Harassment Complaints In All Colleges : Kerala High Court
The Kerala High Court on Thursday directed the competent authorities of colleges and other statutory authorities to constitute an Internal Complaints Committee under the UGC (Prevention, Prohibition, and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, in every college in the State. Justice Devan Ramachandran passed the above...
Dispute Between Parties Under A "Non-Binding Term Sheet" Can Be Referred To Arbitration: Delhi High Court
The Delhi High Court has ruled that the dispute between the parties under an agreement titled as a "Non-Binding Term Sheet", can be referred to arbitration, holding that the Arbitration Clause contained in the said agreement was binding between the parties. The bench of Justice Navin Chawla observed that though the nomenclature of the agreement was "Non-Binding Term Sheet",...
Bombay High Court Raps Maharastra Police For Misusing Official Secrets Act, Says Police Stations Not 'Prohibited Place' For Videography
The Bombay High Court has pulled up the police for registering FIRs under Section 3 of the Official Secrets Act against those videographing "discussions" or taking photographs inside police stations and directed the authorities to take appropriate steps to ensure the law is not misused.The division bench of Justice Revati Mohite Dere and Justice Prithviraj K. Chavan said it would be open for...
Chhattisgarh Rent Control Act | 'Accommodation' U/S 2 Includes Superstructures: High Court
The Chhattisgarh High Court recently held that a superstructure is included in the definition of 'accommodation' given under Section 2(1) of the Chhattisgarh Rent Control Act, 2011. A Division Bench of Justice Goutam Bhaduri and Justice N.K. Chandravanshi passed the judgment in a case where the tenant had challenged an eviction order passed by the Rent Control Tribunal arguing that the...
Parties To Suit Can Take Alternative Pleas Provided They Are Not Mutually Destructive: Madhya Pradesh High Court
The Madhya Pradesh High Court recently held that that a party to a suit can plead alternative pleas, but not to the extent of them being mutually destructive to each other. Justice Vivek Agarwal observed that the said liberty can be availed by both the Plaintiff and the Defendant to a suit- The expression 'Alternative' means the one or the other of two things. A party to litigation...