Mere Claim Of Short, Discontinuous Cohabitation Not Enough To Seek DNA Test Of Child: Karnataka High Court Rejects Husband's Plea

The Karnataka High Court rejected a man's plea seeking DNA test of the child born to his wife suspecting the child's paternity on the ground that they did not cohabit for a long time. In doing so the court said that DNA test on paternity of a child can't be ordered as a matter of course, finding that the petitioner did not dispute that he had cohabited with the wife and also not disputed their marital status. The marriage between petitioner husband and respondent wife was solemnized on...

Sambhal Violence | Allahabad High Court Stays CJM Order For FIR against Cops; Grants Complainant 2 Weeks To File Counter

The Allahabad High Court today stayed the operation of an order passed by the Chief Judicial Magistrate (CJM), Sambhal, directing the registration of an FIR against Additional Superintendent of Police (ASP) Anuj Chaudhary and other police officials in connection with the Sambhal violence of November 2024.A bench of Justice Samit Gopal passed this order on a petition moved by former Sambhal Circle Officer Anuj Chaudhary and former Sambhal Kotwali in-charge Anuj Tomar. The original complainant has...

'After 20 Yrs, Sending Accused To Jail Serves No Purpose': Calcutta High Court Grants Probation In Assault Case

The Calcutta High Court has upheld the conviction of a man for voluntarily causing hurt in a 2005 assault case but extended the benefit of probation in view of the passage of time, observing that after two decades and absence of criminal antecedents, sending the accused to jail would serve little purpose. The Court modified the sentence and directed payment of bonds and compensation instead of imprisonment.Justice Chaitali Chatterjee (Das), while dismissing a criminal revision petition,...

'Barbaric, Must Be Curbed With Iron Hands': Karnataka High Court Upholds Death Penalty Of 3 For Gang Rape, Murder Of Minor Girl

The Karnataka High Court upheld a 2024 trial court order imposing death penalty on three men convicted for gang rape and murder of a minor girl, observing that the offence was barbaric and such acts must be curbed with iron hands. A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its 176 page order observed:"Having considered all these factors into consideration and materials available on record, even this Court has to strike balance between mitigating circumstances...

'Attestation Of Vakalatnama Is Mandatory Safeguard Against Impersonation, Unauthorised Litigation': Andhra Pradesh High Court

The Andhra Pradesh High Court has observed that attestation of vakalatnana is not a mere formality, but a mandatory safeguard to ensure genuineness of authorisation and to prevent impersonation or unauthorised institution of proceedings.For reference, a vakalat is a written authority executed by a litigant authorising an advocate to appear and conduct proceedings before a Court. Justice Subba Reddy Satti lamented the increasing instances of petitioners denying to sign a vakalat, which...

Partition Decree Becomes Executable Only After Stamp Duty Is Paid; Decree Holder Can Recover Amount From Co-Sharers: Calcutta High Court

The Calcutta High Court has held that a final decree in a partition suit cannot be fully executed unless it is duly engrossed on stamped paper upon payment of the requisite stamp duty, observing that compliance with the Stamp Act is a condition precedent for execution. At the same time, the Court clarified that to avoid delay in enforcement, the decree holder may deposit the entire stamp duty for the whole property and subsequently recover proportionate shares from the other co-sharers.Justice...

Disability Pension Must Be Granted To Voluntary Dischargee When Chronic Condition Acquired Due To Military Service: Kerala High Court

The Kerala High Court recently ruled that a person would be entitled to disability pension if his chronic disability was acquired due to military service even though he voluntarily discharged himself from service.The Division Bench of Justice K. Natarajan and Justice Johnson John was considering a plea preferred after the petitioner's application before the Armed Forces Tribunal against non-grant of disability pension was dismissed. The Tribunal had dismissed the application since the...

Passed Exam On 'Thoughts Of Mahatma Gandhi', Not Let Out During Covid-19: Bombay High Court Reduces POCSO Convict's Life Sentence To 12 Yrs

Upholding a man's conviction for subjecting a minor girl to oral sex, the Bombay High Court recently reduced his life sentence to 12 years after noting that while in jail, the man 'successfully' passed exams on 'thoughts of Mahatma Gandhi' besides other programmes and also the fact that he had no other antecedents. A division bench of Justice Sarang Kotwal and Justice Sandesh Patil reduced the life sentence imposed on one Kalamuddin Mohammad Isteyar Ansari alias Koail, who was convicted by...

'No Instigation': Allahabad High Court Quashes Suicide Abetment Case Against School Authority Accused Of Humiliating Student For Cheating

The Allahabad High Court has quashed the criminal proceedings initiated against the Assistant Principal of St. Peter's School Raebareli after a 6 years old student, caught cheating in exam, committed suicide.Petitioner argued though the student had mentioned in his suicide note that he was caught cheating in the exam, Petitioner was not named in the suicide note nor in the FIR.It was pleaded that since the Principal was not present in the school, the child was produced before the Petitioner and...

Police's Ignorance Of DGP Circular Unjustifiable: Allahabad High Court Declares Arrest Illegal Over Non-Supply Of Grounds

The Allahabad High Court recently slammed the claim of the state government that a Station House Officer in Mainpuri had no knowledge about the July 2025 circular of the Director General of Police regarding a new memorandum of arrest. Declaring the arrest of two persons-petitioners as illegal over non-supply of an arrest ground to them, a bench of Justice Siddharth and Justice Jai Krishna Upadhyay stressed that ignorance of law cannot be a valid excuse for violating the same. ...

Madras High Court Permits 'Jana Nayagan' Movie Producer To Withdraw Plea Against CBFC

The Madras High Court on Tuesday (February 10) permitted KVN Productions, producers of Vijay starrer "Jana Nayagan" movie to withdraw their plea challenging the certification process of the Central Board of Film Certification. Justice PT Asha permitted a request made by Vijayan Subramaniam, advocate for the production company. The production company had sent a letter to the High Court registry expressing its intention to withdraw the case. The production company had informed the...

Contempt Court Cannot Grant Fresh Relief Beyond Original Order; Compliance With Direction Ends Contempt: Calcutta High Court

Observing that contempt jurisdiction is meant to secure compliance with court orders and not to grant fresh or additional reliefs, the Calcutta High Court has held that once authorities implement a writ direction to mutate names in land records, petitioners cannot seek further corrections such as change in the nature or character of the land through contempt proceedings. The Court emphasised that contempt powers are supervisory and punitive in nature and cannot be used to enlarge the scope of...