News Updates
Increased Cost Of Living And Passage Of Time Grounds To Enhance Maintenance Under Special Marriage Act: Karnataka High Court
The Karnataka High Court has said that 'passage of time' and 'cost of living' are valid grounds to be considered as changed circumstances for enhancing maintenance amount granted to wife under Special Marriage Act. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Vineetha Thomas and increased the maintenance amount of Rs 10,000 granted to her in the year...
'Classic And Textbook Example Of Prejudice': Delhi High Court Raps JNU For Refusing To Relieve Officer For Deputation To Mozambique
Delhi High Court has directed the Jawaharlal Nehru University to forthwith issue a relieving order to enable an employee of the varsity to proceed on a short-term deputation with Indian Council for Cultural Relations in Mozambique.The petitioner Umesh Babu had applied for deputation of 11 months as Teacher Indian Culture at ICCR's Cultural Centre and successfully cleared the interview for it...
2020 Chandigarh Singla Firing Case: Punjab & Haryana High Court Grants Bail To Alleged Aids Of Bishnoi Gang
The Punjab and Haryana High Court on Thursday granted bail to two alleged members of the Lawrence Bishnoi Gang accused of aiding 4 men who opened fire at liquor baron Arvind Singla's brother's house in Chandigarh in May 2020.The bench of Justice Avneesh Jhingan granted bail to Accused Kulwinder Singh and Siva who were arrested in June 2020 in connection with the Chandigarh Singla Firing...
Bombay High Court Allows Felling Of Over 20,000 Mangrove Trees For Bullet Train Project, Imposes Conditions
The Bombay High Court on Friday allowed a plea to fell over 20, 000 mangrove trees in Mumbai, Palghar and Thane to pave the way for bullet train project from Mumbai - Ahmedabad.A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja allowed the project to be completed owing its "public importance", subject to seven conditions. A copy of detailed order is awaited.The petition...
Punjab & Haryana High Court Grants Interim Bail To NDPS Act Accused To Look After Wife Expecting A Child
The Punjab and Haryana High Court on Thursday granted interim bail to an Accused booked under the NDPS Act to accompany his pregnant wife whose delivery date is soon due.The bench of Justice Arvind Singh Sangwan ordered him to deposit Rs.10.00 lacs as a security amount along with bail/surety bonds as a pre-condition for being released.Essentially, the Court was dealing with the plea of one...
Police Can't Transfer FIR Citing Territorial Jurisdiction After Magistrate's Order Under Section 156(3) CrPC: Delhi High Court
The Delhi High Court has ruled that once a magistrate passes an order under Section 156 (3) CrPC directing registration of FIR on a complaint, it is not open for the police to raise an objection regarding territorial jurisdiction.Quashing an order passed by an Additional Commissioner of Police whereby the investigation in an FIR alleging abduction was transferred to from Delhi's Model Town...
Magistrate Rejecting Closure Report In A Corruption Case Cannot Straightaway Direct Police To Obtain Sanction For Prosecution: MP High Court
The Madhya Pradesh High Court, Indore Bench recently observed that a Magistrate cannot decline to accept the closure report and simultaneously direct the State to obtain sanction for prosecution in a corruption case. The Division Bench comprising Chief Justice Ravi Malimath and Justice Vijay Kumar Shukla held that doing so would be beyond the scope of jurisdiction of the Magistrate...
Section 173(8) CrPC Gives Unfettered Right To Investigating Agency For 'Further' Probe, No Restrictions Exist: Delhi High Court
The Delhi High Court has said Section 173(8) CrPC gives an "unfettered right" to the investigation agency for further investigation "with no conditions" and it cannot be restricted since such restrictions do not exist in the statute."The Statute does not limit the right to investigate under Section 173(8) Cr.P.C. only till the trial begun," said Justice Yogesh Khanna.Section 173(8) of the...
Order Granting Interim Maintenance U/S 24 Hindu Marriage Act Is Final In Nature, Appealable U/S 19 Family Courts Act: MP High Court
The Madhya Pradesh High Court, Indore Bench recently observed that appeal against an order passed while deciding an application for interim maintenance under Section 24 of the Hindu Marriage Act is maintainable under Section 19 of the Family Courts Act. The Division Bench comprising Justices Vivek Rusia and Amar Nath Kesharwani held that proceedings in an application filed under Section...
Brothel Customer Can Be Prosecuted U/S 7 Of Immoral Traffic (Prevention) Act: Kerala High Court
The Kerala High Court on Wednesday observed that a 'customer' in a brothel can be proceeded against criminally under Section 7 of the Immoral Traffic (Prevention) Act, 1956 if the conditions specified in the provision are satisfied.Section 7 of the Act makes prostitution in certain specific areas punishable and the Court in this instant case observed that the words 'person with whom...
S.125 CrPC | Not Obligatory For Claimant To Implead 'All Eligible Persons' Having Sufficient Means In Proceedings For Maintenance: Uttarakhand HC
The Uttarakhand High Court has clarified that it is not mandatory for a person claiming maintenance under Section 125 Cr.P.C. to implead all the persons responsible for maintaining him/her, having sufficient means, as respondents. It is up to the claimant from whom he/she needs maintenance and is free to implead any one or all the persons. While dismissing a revision petition...
Daughter Has To Show She Is Unable To Maintain Herself Or Hasn't Attained Majority To Seek Maintenance U/S 125 CrPC: Chhattisgarh HC
The Chhattisgarh High Court has observed that as per Section 125 CrPC, to get maintenance, a daughter has to make out a case that she is unable to maintain herself or has not attained the majority.With this, the bench of Justice Deepak Kumar Tiwari recently allowed a revision plea filed by a man challenging a Family Court's order directing him to pay Rs. 5K as interim maintenance per month to...