Earning Mother Need Not Be Impleaded In Child Maintenance Claim Against Father But Court Must Assess Joint Income: Allahabad HC

The Allahabad High Court has observed that an earning mother need not be formally impleaded as a party in a maintenance plea filed by a child against her/his father. A bench of Justice Madan Pal Singh, however, directed that in such cases, the trial court must consider the financial capacity of both earning parents while determining the final maintenance amount based on the principle of shared parental responsibility. The single judge passed this order while hearing a criminal...

Electricity Supply Can't Be Denied To Occupant Due To Ownership Dispute: Andhra Pradesh High Court

While emphasising that electricity is a basic necessity, the Andhra Pradesh High Court has observed that mere pendency of civil litigation does not constitute grounds for discontinuation of power supply to a consumer, unless there exists an order explicitly restraining supply of electricity.Justice Ninala Jayasurya was dealing with a writ petition filed by a 62-year old woman who had purchased...

Talaq Takes Effect From Date Of Pronouncement, Subsequent Court Decree Merely Declaratory In Nature: Allahabad High Court

The Allahabad High Court has observed that under Mohammedan Law, a divorce takes effect from the date a husband pronounces talaq and a subsequent court decree confirming it is merely declaratory in nature. A bench of Justice Madan Pal Singh clarified that such a court decree does not create a fresh divorce from the date of the judgment, but rather, it relates back to the original date of the talaq pronouncement. "It is further settled that where a husband pronounces talaq and...

Wife's Professional Competence, Earning Potential Can't Be Ignored While Deciding Maintenance: Allahabad High Court

The Allahabad High Court has observed that maintenance can't be granted, ignoring the professional competence and earning potential of the wife-claimant. A bench of Justice Madan Pal Singh thus reduced the monthly maintenance awarded to a wife under Section 125 CrPC, taking into account the wife's professional qualifications and past employment as a radiologist The single judge modified a Family Court order, lowering the maintenance amount from Rs 18,000 to Rs 12,000 per month. ...

Writ Petition Not Maintainable Before Final Order In Court Martial Process: Delhi High Court

The Delhi High Court has held that a writ petition challenging disciplinary and court martial proceedings is not maintainable before the passing of a final order.A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora observed,“...it is a settled position of law that till such time a final order is passed in the proceedings of this nature, any interference without waiting for the final decision on the proceedings by the High Court in a writ petition is uncalled for.”Reliance...

Delhi High Court Upholds Bidder's Disqualification From Sri Lanka Consular Services Tender, Cites Lack Of Independent Experience

The Delhi High Court has upheld the disqualification of a bidder from a tender process for outsourcing consular, passport and visa (CPV) services in Sri Lanka, holding that the bidder failed to demonstrate the requisite independent contractual experience as mandated under the tender conditions.A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora dismissed a writ petition filed by International Visa Services Pvt. Ltd. (formerly IVS Lanka Pvt. Ltd.), which had challenged its...

Driving Licence Not Fake Merely Because It Was Not Converted To Smart Card: Delhi High Court

The Delhi High Court has held that a driving licence cannot be treated as fake merely because it was in a booklet form and had not been converted into a smart card.Justice Neena Bansal Krishna thus dismissed an appeal filed by an insurance company against a decree in favour of the insured.The bench upheld the trial court's decision directing The New India Assurance Company Ltd. to pay ₹13,77,500 along with interest at 12% per annum to M/s Kapoor Diesels Garage Pvt. Ltd. towards the loss of a...

Kerala High Court Summons Law Secretary To Explain Delay In Tabling Anti-Ragging Bill Before State Cabinet

The Kerala High Court on Tuesday (March 31) directed the Law Secretary to appear before it and explain the delay in tabling the Kerala Prohibition of Ragging (Amendment) Bill, 2025 before the State Cabinet.The Division Bench of Chief Justice Soumen Sen and Justice C. Jayachandran was considering a public interest litigation moved by KeLSA (Kerala State Legal Services Authority), seeking stronger laws to combat the menace of ragging within educational institutions.During the last posting, the...

Mere Use Of Words “Waqf” And “Mosque” Doesn't Establish Public Waqf Sans Declaration: Madras High Court

The Madras High Court recently observed that unless there was a dedication or declaration of property for public charitable purpose, mere usage of the words “Waqf” or “Mosque” in a settlement deed would not mean that a property has been declared as public waqf. Justice PB Balaji observed, “At the risk of repetition, mere use of the words ' Waqf ' and 'Mosque' will not...

Cheque Dishonour Cannot Be Decided Solely Based On Return Memo Whose Authenticity Is Yet To Be Established: HP High Court

The Himachal Pradesh High Court held that the question of cheque dishonour cannot be conclusively determined merely based on a return memo. It remarked that such a document, without being duly established through evidence, can't form the sole basis for deciding disputed issues at the stage of quashing, and the matter must instead be examined during trial. Justice Sandeep Sharma remarked that: “Whether the cheque was returned on account of 'insufficient funds' or freezing of account is a matter...

Legal Aid Or At Least Hearing Mandatory Before Framing Charges Against Accused In Custody: Allahabad High Court

Recently, the Allahabad High Court has held that when the accused is in judicial custody, he/she must be provided a legal counsel by the Trial Court for filing discharge application and if the accused refuses such counsel, then a hearing must be afforded on question of framing of issues with assistance of a legal counsel. Referring to Sections 262 and 263 of BNSS, Justice Ram Manohar...

Co-operative Society Can Undertake Banking Activities: Kerala High Court Upholds State Co-operative Banking Framework

The Kerala High Court has dismissed a writ appeal challenging the constitutional validity of State co-operative banking laws including the Kerala State Co-operative Societies Act, 1969 and the Kerala State Co-operative Agricultural Development Banks Act, 1984.A Division Bench comprising Justice N. Nagaresh and Justice Johnson John delivered the judgment. The appellant approached the Court seeking to declare State legislations, namely the Kerala Co-operative Societies Act, 1969 and the Kerala...