High Courts
Family Court Cannot Grant Divorce Based On Earlier Consent When It Is Later Withdrawn During Divorce Proceedings: Allahabad High Court
The Allahabad High Court has held that the Family Court cannot grant divorce based only on earlier consent given at the time of filing the divorce petition if the consent was withdrawn at a later stage in the divorce proceedings.Parties were married in 2006. After the appellant disserted her husband, he instituted the divorce proceedings on grounds of infertility attributable to...
Allahabad High Court Seeks UP Govt's Reply Over Demolition Of A House 'Without Following Procedure Of Law'
Last week, the Allahabad High Court sought the State Government's response over the demolition of a house in the State's Azamgarh district 'without following the procedure of law'. A bench of Justice Prakash Padia directed the standing counsel appearing to file an affidavit of 'some senior officer' of the Revenue Department explaining under what circumstances, without following...
Detention Under Customs Act – Authority Must Specify Nature Of Infraction/ Violation, For Tentative Denial Of Preferential Duty Treatment: Delhi HC
The Delhi High Court held that the Proper officer under Customs Act cannot detain the goods or stall the process of importation, without forming a requisite opinion regarding any forgery in import. The High Court clarified that the proper officer does not have any unfettered power to initiate a verification process, and it is incumbent upon him to form a requisite opinion in support...
Rampant Use Of 'Cool Lip' Tobacco Products By School Kids: Madras High Court Suo Motu Impleads Ministry Of Health And Family Welfare
The Madras High Court has impleaded the Ministry of Health and Family Welfare, the Secretary to Government, School Education Department and the Commissioner of Food Safety and Drug Administration in Tamil Nadu in a plea dealing with rampant use of cool lip tobacco products amongst school kids in the State. Justice Bharatha Chakravarthy was hearing a bail petition filed by a man who...
Rajasthan HC Consolidates 259 FIRs Against Sanjivani Group Chairman, Says Process Became Punishment Due To Violation Of Right To Speedy Trial
Rajasthan High Court invoked its inherent powers under Section 482, CrPC, to consolidate 259 FIRs filed against the chairperson of Sanjivani Credit Cooperative Society (“Petitioner”) into different bunches based on the geographical locations of these FIRs and observed that in light of these many cases, the Petitioner was being shunted from one place to another without having any...
Karnataka High Court Weekly Round-Up: September 9 To September 15, 2024
Citations: 2024 LiveLaw (Kar) 396 To 2024 LiveLaw (Kar) 402Nominal Index:B S Suresh & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 396H Mahadev AND K N Rajamma & others. 2024 LiveLaw (Kar) 397ABC AND State of Karnataka. 2024 LiveLaw (Kar) 398Priyanka Halamani AND State of Karnataka & Others. 2024 LiveLaw (Kar) 399Muniyappa AND State of Karnataka. 2024 LiveLaw (Kar) 400Disha Bhat...
"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned.Justice Subodh Abhyankar sitting at Indore observed,“Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that the Legislature,to the...
Dispute Relating To Members And Management Of Public Trusts Not Arbitrable, Must File Suit U/S 92 CPC : Allahabad High Court
The Allahabad High Court has held that disputes relating to public trusts which are enlisted under Section 92 of the Civil Procedure Code are not arbitrable under the Arbitration and Conciliation Act, 1996.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar further held that Section 89 of CPC which provides for settlement of disputes outside Court does not...
Gujarat HC Nixes Revenue Tribunal's "Diametrically" Opposite Orders, Directs Chairman To 'Step Down' Pending Decision On His 'Conduct'
Observing that the state Revenue Tribunal had passed two "diametrically" opposite orders regarding delay condonation, the Gujarat High Court quashed the same after noting that the matter involved the same parties and issues in respect of a "common" decision rendered by the deputy collector in a tenancy case. A single judge bench of Justice Nikhil S Kariel in its September 9 order further...
Victim/ Informant Must Be Communicated About Deletion Of Names From Array Of Accused In Final Report: Kerala High Court
The Kerala High Court has held that an investigating officer must notify the informant or victim about removing individuals from the list of accused in the final report, if they were initially named as accused in the FIR. Additionally, the Court emphasized that upon taking cognizance of the offences based on the final report, the Magistrate must also inform the informant or victim of...
Madras High Court Weekly Round-Up: September 8 - September 15, 2024
Citations: 2024 LiveLaw (Mad) 342 To 2024 LiveLaw (Mad) 348 NOMINAL INDEX Durai Murugan @ Sattai Durai Murugan v The Inspector of Police, 2024 LiveLaw (Mad) 342 M/s. Bala Bhavan Educational Trust v. Regional Transport Officer, 2024 LiveLaw (Mad) 343 CS Nandhakumar v The Commissioner of Police (Traffic Wing) and Others, 2024 LiveLaw (Mad) 344 V Mahalakshmi v The Secretary...
'Misuse Of NDPS Act By Police Undermines Public Trust': Punjab & Haryana HC Seeks DGP's Report On Alleged False Drugs Case Against Man
The Punjab & Haryana High Court has taken a stern stand on the allegation of false implication of a man in a drugs case by police, observing that the misuse of the NDPS Act by police undermines public trust in law enforcement and diverts the attention from genuine efforts to combat drug-related crimes.It was alleged that the petitioner was booked in a false FIR under the NDPS Act by...