High Courts
Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC
The Karnataka High Court has said that in the event a notice issued by the police summoning a citizen under Section 35 of the BNSS does not contain the crime number, the offence alleged or the appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken against him.A single judge...
'Adulterer' Not Necessary Party To Divorce Petition, Decree Can Be Passed In His Or Her Absence: Delhi High Court
The Delhi High Court has recently ruled that an alleged adulterer, being a third party and suspected of having an affair with a spouse, is not a necessary party to a divorce petition. A division bench comprising Justice Rajiv Shakdher and Justice Amit Bansal said that a decree can be passed in the absence of such an individual. “Likewise, the adulterer is not a proper party since the...
High Court Seeks State Govt's Response On Staff Strength, Structure Of Delhi Commission For Women
The Delhi High Court has sought the response of the Delhi Government's Department of Women and Child Development on the current framework, staff strength and structure of the Delhi Commission for Women (DCW).Justice Sanjeev Narula said that the detailed staffing report must outline the current staffing configurations and specific roles played by both permanent and contractual personnel in...
'Prosecution Failed Miserably To Prove Its Case': Allahabad High Court Upholds Acquittal Of 3 Dacoity Accused In 39 Year Old Case
On Tuesday, the Allahabad High Court upheld the acquittal of three accused in a 1985 dacoity case after finding several loopholes in the prosecution's case. “…when we take a holistic view of the evidence adduced during the course of trial and test the veracity of the prosecution story as mentioned by the witnesses, we find that prosecution has miserably failed to prove its case...
Citizens Or Hawkers, No One Must Suffer: Bombay High Court Directs BMC To Take Pro-Active Steps To Address Menace Of Illegal Hawking
The Bombay High Court while asking the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) to take 'proactive' measures to curb the menace of illegal hawkers, said no one must 'suffer' be it citizens, authorised hawkers or even unauthorised hawkers.A division bench of Justices Mahesh Sonak and Kamal Khata while hearing a suo motu Public Interest Litigation (PIL)...
Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has ruled that defamatory statements made in court pleadings amount to publication and can form the basis for the prosecution of such client for an offence under Section 499.Justice Sanjay Dhar, while adjudicating the matter, stated, “The law is well settled that when pleadings containing defamatory material are relied before a court of law,...
Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: J&K High Court
Underscoring the paramount importance of both parents in a child's life, the Jammu and Kashmir and Ladakh High Court has severely reprimanded a magistrate for illegally ordering the custody of a minor child to the mother under Section 97 of the CrPC.A bench of Justice Moksha Khajuria Kazmi emphasized that a child's custody with the father cannot be considered wrongful confinement.“The fact...
“Writ Of Quo Warranto Meant To Prevent Abuse Of Public Offices”: Rajasthan High Court Removes Ineligible Nagar Parishad Executive Officer
The Rajasthan High Court has reiterated that the very purpose of seeking a writ of quo warranto is to prevent the abuse or usurpation of public offices and to ensure that those who hold such positions do so legitimately and within the bounds of the law.The observation was made by Justice Sameer Jain while setting aside the Respondent's appointment, belonging to Executive Officer-III category,...
Doctrine Of Separability; Arbitration Agreement Survives Termination Of Main Contract: Bombay High Court
The Bombay High Court bench of Justice R. G. Avachat and Justice Neeraj P. Dhote has held that an arbitration agreement survives the termination of the main contract facilitating the resolution of disputes arising under or in connection with the contract. Therefore, the bench dismissed a writ petition noting that the dispute was arbitral and fell within the ambit of the...
High Court Seeks Response From Punjab Govt On Plea To Reserve Seats In Promotions For Disabled Govt Employees
The Punjab and Haryana High Court has sought response from the Punjab Government on Public Interest Litigation (PIL) seeking reservation in promotion for Group A, B, C, D employees` as per Rights of Persons with Disabilities Act, 2016.Chief Justice Sheel Nagu and Justice Anil Kshetarpal issued notice of motion to the Punjab Government.Divyang Employees Association filed the PIL claiming...
Karnataka High Court Disposes Byju Raveendran's Plea After NCLAT Begins Hearing His Appeal Challenging Insolvency Proceedings
The Karnataka High Court on Tuesday disposed of the petition filed by Byju Raveendran seeking to suspend the National Company Law Tribunal (NCLT) order, which admitted his parent company Think and Learn Private Limited (TLPL), into the insolvency resolution process.A single judge bench of Justice S R Krishna Kumar disposed of the matter after it was informed that a special bench is constituted...
Depression, Old Age, Assessee's Status As Small-Scale Surveyor To Be Considered As Genuine Hardship; Rajasthan High Court Condones Delay
The Rajasthan High Court has allowed the application seeking condonation of delay under Section 119(2)(b) of the Income Tax Act in order to claim a refund for the assessment year 2009-10 to 2014-15 on the grounds of genuine hardship.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman has observed that the depression, old age, long pendency of the issue, and the...