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...

Rajasthan High Court Grants Bail To Man Booked For Sending 'Dummy Candidate' To Take Govt Examination On His Behalf

The Rajasthan High Court granted bail to an accused booked for sending a dummy in an examination for the post of teacher based on the revelation that the candidate was not apprehended in the examination hall, and rather that the case was lodged one year after the examination was held.The bench of Justice Farjand Ali was hearing the bail application filed by the accused. It was alleged that...

Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory.The bench further clarified that a non-signatory can be included in arbitration if there is a contractual relationship that makes the non-signatory partially or...

Woman's Decision To Continue Pregnancy Or Go For Its Termination: Allahabad High Court On 32 Weeks Pregnancy Of 15-Yr-Old

While dealing with a case of 15 years old pregnant rape victim, the Allahabad High Court has held that it is a woman's decision whether to continue pregnancy or go ahead with medical termination of pregnancy.Allowing continuation of pregnancy after counselling the victim and her parents of the risks involved with medical termination at 32 weeks pregnant, the bench comprising of Justice Shekhar...