Father Who Rapes His Daughter Can't Be Shown Any Leniency In POCSO Case: Delhi High Court Upholds Conviction

The Delhi High Court has held that a father who rapes his daughter cannot be shown any relaxation in POCSO cases. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain upheld the conviction of a father for repeatedly raping his minor daughter studying in 6th standard in July 2021. The minor stated that her father had forcibly established physical relations with her when...

Order XXI Rule 102 And The Limits Of Pendente Lite Transfers In Execution

The law of execution often reveals the real gap between paper rights and ground reality. A decree may declare who is entitled to property, but its actual value is tested only when possession is sought. Over the years, courts have struggled to prevent decree holders from being dragged into endless litigation by persons who enter the scene only after a suit is filed. In recent months, the Supreme Court revisited this problem through two important rulings on Order XXI Rule 102 of the Code of Civil...

MACT | 50% Deduction From Income Of Deceased Bachelor Not Mandatory If He Had Dependent Parents: Punjab & Haryana High Court

Holding that a bachelor earning member of a family has a moral, social and filial obligation to support his aged parents and would not spend half of his income solely on himself, the Punjab and Haryana High Court enhanced compensation awarded in a motor accident claim, reducing the deduction towards personal expenses to one-third instead of 50%.Justice Harkesh Manuja said, "it has come on...

Advance Plot Booking Does Not Confer Right To Allotment; Buyer Entitled Only To Refund: Delhi State Consumer Commission

The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), has dismissed an appeal filed by a homebuyer seeking possession of a residential plot under a pre-launch scheme and upheld the District Commission's direction to Parsvnath Developers Ltd. to refund the deposited amount with interest, holding that no error...

'Does Maintaining Law & Order Mean Event Be Cancelled?': Karnataka High Court Questions Police Over Recommendation To Cancel Fair

The Karnataka High Court on Wednesday (January 21) orally questioned the police on why it recommended cancellation of a traditional fair sought to be conducted in Chithradurga district over apprehension of a possible law and order situation.The court was hearing a plea seeking a direction to the tahsildar and the police officer to forthwith consider the petitioner's representation of...

Cognizance After Limitation Impermissible; 'Bona Fide Oversight' & 'Usual Practice' No Excuse For Magistrate: Allahabad High Court

The Allahabad High Court on Monday quashed criminal proceedings in a theft case where cognizance was taken by the Magistrate beyond the mandatory period prescribed under Section 468 CrPC [Bar to taking cognizance after lapse of the period of limitation].The Court took strong exception to the explanation offered by the then Chief Judicial Magistrate, Firozabad, who submitted that, as per the...

Scholarship Granted To Woman Before Marriage Doesn't Bar Her Husband's Claim Post-Marriage: Rajasthan High Court

While granting relief to a man who was denied the Swami Vivekanand Scholarship for Academic Excellence, the Rajasthan High Court has held that rejecting the scholarship solely based on the fact the applicant's wife was also granted benefit of the scholarship before the wedding, was not legally tenable and ran contrary to the very intent of the Scholarship Schemes.While analyzing the situation...

'Students Greatly Prejudiced': Kerala High Court Orally Remarks While Considering GLC Kozhikode BCI Affiliation Issue

The Kerala High Court on Tuesday (January 20) orally remarked that the students of the Government Law College, Kozhikode are greatly prejudiced with the institute's BCI affiliation issue not yet being resolved.Justice Bechu Kurian Thomas was considering a plea preferred by an Idukki-based advocate, who has prayed for a retrospective recognition from the BCI to the 5-year-integrated course...

Removing Tattoo After Medical Exam And Before Review Can't Cure Ineligibility: Calcutta High Court Dismisses CAPF Aspirant's Plea

The Calcutta High Court, on Wednesday (January 21), dismissed the petition filed by an aspirant of the Central Armed Police Forces (CAPF) challenging the review medical examination that declared him unfit for service. The bench held that while a candidate has a right to review, the removal of a tattoo after the detailed medical examination but before the review medical examination, to be...

Merely Labelling Hypertension A 'Lifestyle Disorder' Not Enough To Deny Disability Pension To Air Force Personnel: Delhi High Court

The Delhi High Court has held that merely branding a disability like hypertension as a "lifestyle disorder" is insufficient to deny disability pension to an Air Force personnel, particularly when the medical opinion rejecting the claim is unsupported by cogent reasons.A division bench of Justices V Kameswar Rao and Manmeet Pritam Singh Arora held,"lifestyle varies from individual to...

Gujarat High Court Rejects Litigant's Plea To Argue Case In Gujarati, Incompetence In English No Ground

The Gujarat High Court dismissed a man's plea–who appeared as party in person–challenging a certificate issued by High Court Legal Services (HCLS) Committee holding him "incompetent" to argue his case before the court in English language.The petitioner challenged the certificate whereby the Committee refused to grant permission to the petitioner for arguing his case before the High Court as...

Mere Averments In Pleadings To Prosecute Or Defend Case Not Defamation: Delhi High Court

The Delhi High Court has ruled that mere averments made in the pleadings, either to prosecute or defend oneself, does not tantamount to an offence of defamation. Justice Neena Bansal Krishna said that if a statement is made in a judicial proceeding and is alleged to be false, the appropriate remedy lies for the offence of perjury and not by way of a separate Complaint for...