High Courts
Prohibition Of Child Marriage Act Supersedes Muslim Personal Law : Kerala High Court
The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 will supersede the Muslim Personal Law (Shariat) Application Act, 1937. The Court stated that every Indian citizen regardless of their religion and location is bound to adhere to the law prohibiting child marriage.Justice P. V. Kunhikrishnan stated that a person's primary status as a citizen of the country...
Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC
The Karnataka High Court has urged the Central Government to amend Section 184 of Bharatiya Nagarik Suraksha Sanhita (BNSS) to provide that adult victims of rape be examined in hospitals by only female doctors, so as to protect their right to privacy.A single judge bench of Justice MG Uma directed the Central and State governments to ensure that till the amendment is brought, medical...
No Sufficient Cause: Rajasthan HC Declines To Condone 'Inordinate Delay' In Filing Appeal By Party Who Made Unsubstantiated Mental Illness Claims
The Rajasthan High Court has rejected an application for condonation of delay filed after 3 years due to the petitioner's alleged mental illness leading him to be unaware of the proceedings. A single bench of Justice Avneesh Jhinghan observed that the delay could not be condoned mechanically in the absence of any sufficient reason. It was found that the petitioner had failed to furnish...
It Is Not Permissible To Compare Competing Trademarks By Dissecting Its Parts: Delhi High Court Rules Against Loreal
While emphasizing that the object of examination is to ensure the compliance of the provisions of the Trademarks Act, the Delhi High Court held that no interference with the registration of the trademark would be warranted, unless it is prima facie established that the registration of the trademark falls foul of the provisions of the Act. The Division Bench of Justice Vibhu...
Byju Files Writ Petition In Karnataka High Court Against NCLT's Insolvency Order
Byju Raveendran, the founder of the edtech giant Byju's, has filed writ petiton in the Karnataka High Court to halt the insolvency proceedings against his company. This move follows the National Company Law Tribunal (NCLT) ordering insolvency proceedings against Byju's parent company, Think and Learn Private Limited (TLPL), earlier this month. The insolvency proceedings were triggered...
Ex-Union Minister Maneka Gandhi Moves Allahabad HC Challenging Election Of SP's RB Nishad As Sultanpur MP
Senior BJP leader, MP and former Cabinet Minister Maneka Gandhi has moved an election petition before the Allahabad High Court, challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from Sultanpur LokSabha constituency. Nishad defeated Gandhi (then sitting MP, Sultanpur) by a margin of 43K+ votes in the recently concluded Lok Sabha Elections 2024. While Nishad got 4,44,330...
Rajasthan HC Denies Relief To Govt Job Aspirants Excluded From Selection Process For Improperly Filling OMR Sheet
The Rajasthan High Court has denied relief to candidates of a public examination, who incorrectly filled their OMR sheets after failing to follow instructions, leading to the rejection of their sheets from the evaluation process. The Court said:“It is of utmost importance that in order to preserve the sanctity of the selection process for filling up posts under public employmentthe...
Capacity Building In Forensic Sciences Necessary To Effectively Implement BNSS Provisions: Calcutta High Court
The Calcutta High Court has held that capacity building in the arena of forensic science is a sine qua non for effective and proper implementation of the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) which emphasizes on use of forensic science in investigation. A division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury further elaborated on the various provisions of the...
Himachal Pradesh High Court Mandates Tourists To Carry Garbage Bags In Vehicles, Lays Down Comprehensive Measures To Ensure Cleaner State
In its bid to preserve the pristine environment of Himachal Pradesh, the High Court has suggested that all tourists entering the state must carry a large garbage bag in their vehicles.The bench, comprising Justices Tarlok Singh Chauhan and Sushil Kukreja, emphasized that the state should take inspiration from Sikkim, which has already implemented a similar mandate for tourists. This...
Trial Court Rejecting Application For FSL Report Of Weapon In Attempt To Murder Case Leads To Miscarriage Of Justice: Rajasthan High Court
The Rajasthan High Court set aside the order of an Additional Sessions Judge that had disallowed the application filed by the complainant seeking an FSL report of the alleged weapon and the blood-stained clothes in a case of attempt to murder.The court held that denying the FSL report which would assist the trial court in correctly concluding the role of the accused was a miscarriage of...
Police Station Not Suitable Place For Child's Visitation, No Need To Increase Emotional Burden During Parents' Stressed Marriage: Allahabad HC
While modifying the order the Family Court, the Allahabad High Court observed that a police station is not a place for child visitation as the transactions happing in a police station may add to the emotional stress of parents separating.Appeal was filed against the order the Family Court allowing visitation rights at a police station. The bench comprising of Justice Saumitra Dayal Singh...
Employee Can't Be Made To Retire Before Date Of Retirement Unless Date Of Birth Is Changed In Original Service Records: Allahabad High Court
The Allahabad High Court has held that an employee cannot be retired prior to his date of retirement unless the date of birth of such employee is changed in the original service records to enable the authority to retire the employee.A bench of Justice Ajit Kumar held that “without changing the date of birth originally recorded in the service book, an employee cannot be made to retire. The...