High Courts
Wife Living Separately Since 18 Yrs Due To Brutality: MP High Court Dismisses Husband's "Missing Person" Complaint With 10K Cost
The Madhya Pradesh High Court recently imposed Rs 10,000 cost on a man seeking directions to trace out his missing wife and children, allegedly missing since 2006.Justice Vishal Dhagat found that the petitioner was fully aware that his wife had left him due to his abusive behavior."The wife of the petitioner informed this court that her husband used to beat her and her sons...
UP 'Anti-Conversion' Law Seeks To Sustain Spirit Of Secularism; Religious Freedom Doesn't Include Collective Right To Proselytize: Allahabad HC
Last week, the Allahabad High Court observed that the purpose of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, is to guarantee religious freedom to all persons, reflecting India's social harmony and spirit. The objective of this Act is to sustain the spirit of secularism in India. A bench of Justice Rohit Ranjan Agarwal further said that while the...
Personal Liberty: Rajasthan HC Converts NBW Into Bailable, Says Arrest Order Can't Be Passed Mechanically For Mere Production In Court
Rajasthan High Court recently modified a trial court order issuing non-bailable warrants against an individual accused in a dowry complaint on their failure to appear before the court, irrespective of the fact that a negative final report was filed by the investigation officer in the case.The bench of Justice Arun Monga observed that personal liberty of a citizen could not be taken so lightly...
[S.306 IPC] Momentary Disagreement Leading Person To Resort To Extremities Cannot Be Termed As Abetment To Suicide: Calcutta High Court
The Calcutta High Court has recently quashed a case for abutment to suicide against a wife who was alleged of inducing her husband to commit suicide by failing to inform him of her previous marriage,In quashing the charges against her, a single bench of Justice Ananya Bandopadhyay held:Human psychology and mental state cannot be generally equated which varies from person to person. Egregious...
Drug Smuggling | 'NCB & State Police Embroiled In Conflict To Attribute Criminal Liability To Each Other': Rajasthan HC Transfers Case To CBI
The Rajasthan High Court took up a peculiar case concerning drug smuggling wherein the Narcotics Control Bureau (“NCB”) and the Rajasthan State Police were accusing each other's officials of being involved with an accused in the case and had filed counter cases against one another. Due to the complexity of the matter, Justice Arun Monga directed the investigation to be transferred to...
Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal Laws
Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.Petitioner appearing in person argued that the laws were non-reformative and more punishment oriented.The...
No Construction Or Excavation Activity Can Be Permitted On Land Earmarked For 'Social Forestry': Madhya Pradesh High Court
The Madhya Pradesh High Court has dismissed a writ petition challenging the cancellation of a No Objection Certificate (NOC) granted for operating a stone-cutting plant on land allegedly earmarked for social forestry. A bench of Justice Anand Pathak upheld the decision of the Sub-Divisional Officer (SDO), Forest, Ghatigaon, to cancel the NOC, emphasizing that the land in question was...
Madras High Court Weekly Round-Up: August 5 to August 11, 2024
Citations: 2024 LiveLaw (Mad) 299 To 2024 LiveLaw (Mad) 306 NOMINAL INDEX M Kathirvel v The Inspector General of Registration, 2024 LiveLaw (Mad) 299 Kompress India Private Limited Versus Union of India, 2024 LiveLaw (Mad) 300 NT Stalin Barathi v The District Collector, 2024 LiveLaw (Mad) 301 P.Sibiga Dharshini v The District Collector and Another, 2024 LiveLaw (Mad)...
S.19 HMA | Family Court Can Only Decline Jurisdiction Upon Objection Of Opposite Party Or On Transfer Order By Superior Court: Allahabad HC
The Allahabad High Court has held that if Family Courts at two places have concurrent jurisdiction over divorce proceedings, one of them can only decline entertaining such petition on grounds of jurisdiction if specific objection is pressed by the other side or an order transferring the proceedings has been passed by a superior court.Section 19 of the Hindu Marriage Act, 1955 vests...
[Article 226] Writ Courts Cannot Assess Quantum Of Damages Or Compensation, Requires Adjudication By Appropriate Forum: Jharkhand HC
The Jharkhand High Court has held that a writ court operating under Article 226 of the Constitution of India cannot assess the quantum of damage or compensation, as such an assessment requires adjudication through evidence, which is the jurisdiction of another appropriate forum.The division bench comprising Acting Chief Justice Sujit Narayan Prasad and Justice Arun Kumar Rai observed,...
Madras High Court Monthly Digest: July 2024
Citations: 2024 LiveLaw (Mad) 266 To 2024 LiveLaw (Mad) 294 NOMINAL INDEX K Nizamuddin v The Chief Secretary to Government and Others, 2024 LiveLaw (Mad) 266 Balakrishna Reddy v State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 267 Mr.P.N.Vignesh v The Chairman and Members of the Bar Council, BCI, 2024 LiveLaw (Mad) 268 M/s.Practo Technologies Pvt.Ltd v The Tamil...
Calcutta High Court Weekly Round-Up: 05th August To 11th August, 2024
Nominal IndexNandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181Hire-Purchase Agreement | Bank Need Not Re-Issue Vehicle's Registration Certificate After Sale Due To Default By Registered Owner: Calcutta HCCase: Nandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181The Calcutta High Court has held that in...