High Courts
For Person To Be Considered Victim, There Must Be Some Harm To Mind Or Reputation Which Can Be Perceived From Materials On Record: Kerala HC
The Kerala High Court held that for a person to be considered a victim, there should be some harm to the mind or reputation which is perceivable from the materials on record. The Court made this observation while dismissing an appeal filed against the decision of Sessions Court whereby persons accused of conspiring to kill the appellant were acquitted. The appellant claimed that since he is...
Ensure Fencing After Removal Of Encroachments Around Yamuna Floodplains: Delhi High Court To DDA Vice Chairman
The Delhi High Court on Thursday directed the Vice Chairman of Delhi Development Authority (DDA) to ensure that there is fencing around the Yamuna River floodplains area as and when unauthorised constructions and encroachments are removed to avoid similar incidents in future. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was dealing with a PIL filed...
Himachal Pradesh High Court Issues Notice To Kangana Ranaut On Plea Challenging Her Lok Sabha Election From Mandi
On Wednesday, the Himachal Pradesh High Court issued a notice to Actress Kangana Ranaut on a petition challenging her election as a Member of Parliament from the Mandi Lok Sabha seat. A bench of Justice Jyotsna Rewal Dua issued the notice to Ranaut, directing her to respond to the petition by August 21. Laik Ram Negi has filed this election petition claiming that the Returning...
Person Can't Be "Tied Down" To Religion Of Birth: Kerala High Court Permits Change Of Religion In School Certificates
The Kerala High Court has allowed the plea moved by two youngsters seeking to change their religion in their school certificates since they have embraced a new religion. It stated that even if there is a lack of a specific provision enabling change of religion in school certificates, the petitioners are entitled to correct their religion in their records on embracing a new religion.Justice...
Delhi HC Refuses To Halt Streaming Of 'To Kill A Tiger' Netflix Documentary In PIL Over 'Disclosure' Of Minor Rape Survivor's Identity
The Delhi High Court on Thursday refused to stop the streaming of Netflix documentary “To Kill a Tiger" based on the gang-rape of a 13 year old minor victim in a village in Jharkhand. The documentary was released in Canada in 2022. It was released in India on March 10. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela refused to pass at this stage...
Decide Plea For Payment Of Minimum Stipend To Junior Lawyers Within Six Weeks: Delhi High Court To BCI
The Delhi High Court on Thursday directed the Bar Council of India (BCI) to decide within six weeks a representation regarding payment of minimum stipend to junior lawyers hired by advocates and senior advocates.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela disposed of a PIL filed by lawyer Simran Kumari who wrote a representation to the BCI on...
Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application.The case originated on April 24, 2019, when a married woman and her minor child filed an application claiming maintenance under the Domestic Violence Act. On August 20, 2019, the Trial...
Citing Inability Of Authorities To Prevent Cattle Feeding On Garbage, Delhi HC Orders Shifting Of Dairies Located Near Landfill Site
The Delhi High Court has recently ordered the shifting of the Bhalaswa dairy colony–located near a landfill site, to the Gogha dairy colony within four weeks, after taking note of the “inability of statutory authorities” to prevent cattle from feeding on garbage in the area.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in its July 19 order...
Rape FIR 'Suspicious': MP High Court Denies Permission To Terminate Minor's 28-Week Pregnancy
Noting that an FIR lodged by the grandmother of the prosecutrix is 'suspicious' on account of false information about the date of occurrence of rape, Madhya Pradesh High Court has refused to allow the medical termination of prosecutrix's 28-week-old pregnancy.The single judge bench of Justice Gurpal Singh Ahluwalia, while dismissing the petition, reasoned that the Medical Board's report...
Unrebutted Evidence Of Minor Daughter Substantiating Allegations Of Cruelty Meted Out To Mother Sufficient To Grant Divorce: Allahabad HC
The Allahabad High Court has held that unrebutted evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.Parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South...
"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
The Kerala High Court stated that the Kerala Public Service Commission (KPSC) has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. However, the Court deemed that it was improper for the KPSC to destroy records while an application under the Right to Information Act...
Recovery Of Debt Of Bank Under SARFAESI Act Prevails Over Debts Under FEMA: Karnataka High Court
The Karnataka High Court recently held that provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act (SARFAESI) will override the provisions of the Foreign Exchange Management Act,(FEMA) which is a subsequent enactment, the debt of a secured creditor–Bank, would have priority and prevail over all other debts.A single judge bench of...