Citizens' Complaints Against Police Often Taken Lightly: Bombay HC Grants ₹1 Lakh Compensation To Woman For Husband's Illegal Arrest

Complaints filed by citizens against wrong doings of the police officers are often taken lightly and the citizens are not believed at all, the Bombay High Court recently observed while noting that an order was passed in August 2013, directing the higher-ups of the Maharashtra Police not to resort to preliminary enquiry against police officers, who arrest people named in the nature of cases...

Young Generation Will Be Destroyed If NDPS Act Is Not Implemented Scrupulously: Bombay High Court

The Bombay High Court recently called for a 'scrupulous' implementation of the provisions of the Narcotics Drugs and Psychotropic Substances Act (NDPS) as its failure may result in the rampant use of drugs, which will not only destroy the edifice of our society but also the younger generation, which is the future of the country.Sitting at Nagpur, single-judge Justice Govind Sanap while hearing...

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. In doing so the high court also noted the "erroneous" approach of...

Bonafide Intention To Get Her Child Adopted: Karnataka HC Nixes Trafficking Charge Against Woman Booked For Selling Her Child For Rs 15K

The Karnataka High Court recently quashed a criminal case against a woman booked for human trafficking, who allegedly sold her minor daughter for Rs 15,000 to a couple in Maharashtra as she was unable to maintain herself and her child.In doing so the court noted that the woman had a "bonafide intention" to get the child adopted, even though the procedure was not followed adding that...

Court U/S 34 Of Arbitration Act Cannot Re-Appreciate Evidence And Substitute Arbitrator's Conclusion: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad affirmed that under Section 34 of the Arbitration Act the Court cannot re-appreciate evidence and substitute its own conclusion to the one arrived at by the Arbitrator even though a different conclusion can be arrived at on re-appreciating evidence Brief Facts The instant petition is one under Section 34 of the...

Ensure Jan Aushadhi Kendras Are Opened Inside Each Hospital Within Four Weeks: High Court To Delhi Govt

The Delhi High Court has recently directed the Delhi Government to ensure that Jan Aushadhi Kendras are opened inside each hospital in the national capital within four weeks.A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora observed that the convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers requires no...

'Adequate Steps Taken For The Present': High Court Closes PIL To Probe Student Suicides At NLU Delhi

The Delhi High Court has recently closed a public interest litigation petition seeking constitution of an independent inquiry committee comprising of experts to investigate the causes behind student suicides at National Law University (NLU) Delhi.While disposing of the PIL, a division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur said that "adequate steps" have been taken...

Sewage Treatment Plants Not Functioning Well, Releasing Raw Sewage In Yamuna: Delhi High Court

The Delhi High Court has recently observed its prima facie view that the Sewage Treatment Plants (STPs) in the national capital are not functioning as per required norms and are releasing raw sewage in Yamuna river. A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora suggested that tamper proof meters must be installed to record operational timings of STPs as...

Asset Deposited By Corporate Debtor As Security Before CIRP Commencement Continues To Be Asset Of Corporate Debtor: Bombay High Court

The Bombay High Court bench of Justices B.P. Colabawalla and Somasekhar Sundaresan has held that monies or any other asset deposited by a corporate debtor in court prior to commencement of CIRP by way of security would continue to be the asset of the corporate debtor.Brief Facts:The Appellant (Corporate Debtor) was directed to pay Rs. 12 lakh as damages along with interest at the rate of 24%...

Religious/Customary Marriage Has 'Colour Of Legal Marriage', Woman Can Seek Protection Against Cruelty U/S 498A IPC: Kerala High Court

The Kerala High Court has held that a woman can seek protection against matrimonial cruelty under Section 498A of the Indian Penal Code when there is either "religious or customary" marriage between the parties which has the "colour of legal marriage", even if such marriage was later found to be invalid under law.In the facts of the case, the husband and in-laws, accused of committing...

Delhi High Court Closes PIL To Adopt Integrated Treatment System Under Allopathy, Ayurveda, Homeopathy, Etc

The Delhi High Court on Tuesday disposed of a public interest litigation filed by Advocate Ashwini Upadhyay, seeking adoption of “Indian holistic integrated medicinal system" in India.It was Upadhyay's case that rather than segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy in order to secure medical treatment, medical education and consequently...

Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC

The Gujarat High Court recently observed that in appeal, additional evidence cannot be produced as a matter of right but only in exceptional circumstances, such as when evidence was wrongly excluded by the civil court or was genuinely unavailable to be produced despite due diligence. In doing so, the court emphasized that inadvertence of the party or his inability to understand the legal...