Can An Elector Seek To Be Impleaded In An Election Petition? Kerala High Court Answers

The Kerala High Court last week ruled that an elector has a limited right to get impleaded in an election petition and that such right can only be exercised if all the relevant provisions under the Kerala Municipality Act are complied with. Upon analysing the provisions of the Municipality Act and the declaration of law by the Supreme Court, Justice C.S. Dias took the view that the ring is...

S.125 CrPC | Grant Of Maintenance To Child Can Wait Till Veracity Of Claim Is Ascertained In Cases Of Disputed Paternity: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that grant of maintenance to a minor child should be the paramount consideration for a Magistrate dealing with a petition under Section 125 of CrPC but, when the paternity of a child is seriously disputed it would not be prudent for a Magistrate to fasten the liability of maintaining the child without first ascertaining...

Divorce Application Cannot Be Thrown Out Only Because Exact Date Of Marriage Is Not Mentioned: Rajasthan High Court

The Rajasthan High Court has observed that failure to mention the exact date of marriage in an application for divorce alone cannot be the reason for dismissing such application.A bench comprising Justices Sandeep Mehta and Farzand Ali observed that if the Family Court suspects that the averments on the aspect of marriage are inconclusive, it can exercise powers under Section 165 of the...

Writ Court Cannot Examine Transactions Between Bank & Borrower As They Are Essentially Contractual In Nature: Karnataka High Court

The Karnataka High Court has said that writ courts neither have means nor the expertise to re-evaluate the "prudential decisions" of the Banks that are made in the ordinary course of their commercial transactions with accumulated wisdom in the trade. A single judge bench of Justice Krishna S Dixit thus dismissed a petition filed by M/S Nitesh Residency Hotels Pvt Ltd challenging recall...

78 Students Move MP High Court Challenging Dharmashastra NLU's Decision To Charge Excessive Fee For 'Remedial' Classes

78 students of Dharmashastra National Law University, Jabalpur have moved to the Madhya Pradesh High Court (Jabalpur Bench) challenging the decision of the University Administration to charge them 7500/- per subject for remedial classes for becoming eligible to write the term-end examination.It is their plea that since they have already been debarred from writing the term-end examination, how...

"Award Patently Erroneous": Madras High Court Orders Fresh Arbitration In BSNL's Claim Against ISHA Foundation

The Madras High Court recently gave liberty to state-owned telecom provider BSNL to institute de novo arbitration against the ISHA foundation for its claim related to unpaid dues. The bench of Justice Senthilkumar Ramamoorthy made the order after observing that the current arbitral award, which was passed without consulting an expert committee and without giving due regard to the...

Workman Who Consents For Contractual Engagement Can't Turn Around & Seek Benefit U/S 25F Of Industrial Disputes Act: Gujarat High Court

The Gujarat High Court has reiterated that when there is a specific condition provided in the consent letter of employment that the appointment is on contract basis, then such workman cannot claim any benefit by contending that the Respondent establishment had breached Section 25(F) of the Industrial Disputes Act. The Petitioner, claiming to be sexually harassed by her...

Leaseholder Using Land For Charitable Purpose Can't Be Charged Rent Applicable To Commercial Category Of Lease: Jharkhand High Court To State

The Jharkhand High Court recently observed that a society using a leasehold land for charitable purposes, in this case for charitable educational purpose, cannot be charged premium, rent or service charge at commercial lease rates.Justice Kailash Prasad Deo observed that the State, as instrumentality, cannot act with arbitrariness and it must be just, fair and reasonable in all their...

Covid Lockdown Violation: Punjab & Haryana HC Acquits Foreign-Return U/S 269 IPC In Absence Of Material To Show He Had Any Infectious Disease

Punjab and Haryana High Court recently quashed an FIR registered under Sections 188, 269 and 270 of the Indian Penal Code, 1860 (IPC) wherein the petitioner was apprehended by the Police for not informing Chandigarh Administration about his arrival from Canada, or getting in isolation or home quarantine during the period of Covid-19 lockdown in the country. The bench comprising...

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. A single judge bench of Justice M Nagaprasanna thus allowed the petition filed by one Chirag R. Mehta, charged for offences under Sections...

Delhi High Court Reserves Order In PIL To Declare Arrested AAP Leader Satyendar Jain As 'Person Of Unsound Mind'

The Delhi High Court on Tuesday reserved order in a public interest litigation seeking to declare AAP leader Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly. Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.A division bench comprising of Chief Justice Satish...

Husband's Repeated Taunts, Comparisons With Other Women Qualify As Mental Cruelty: Kerala High Court

The Kerala High Court recently observed that constant and repeated taunts of the husband that his wife did not meet his expectations and comparisons with other women would amount to mental cruelty as contemplated under Section 10(x) of the Divorce Act, 1869 for the purpose of dissolution of marriage.A Division Bench of Justice Anil K Narendran and Justice C. S. Sudha observed that for the...