All High Courts
No Offence Of Bigamy If Second Marriage Is Performed During Subsistence Of Ex-Parte Divorce Decree Which Is Later Set Aside: Kerala High Court
The Kerala High Court has laid down that no penal consequences would be attracted under Section 494 of the IPC for solemnizing second marriage during the operation of ex parte decree of divorce from the first marriage, even if the ex parte decree was set aside on a subsequent date.Justice A. Badharudeen observed that there was no legal marriage subsisting between the parties when the...
Madras High Court Issues Notice On Plea Seeking CBI Probe Into Death Of Former TN CM Jayalalithaa
The Madras High Court has issued notice to the Central Government and State Government in a plea seeking a CBI inquiry into the death of former Tamil Nadu Chief Minister J Jayalalithaa. The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq issued notice to the authorities on a plea filed by Advocate Ramkumar Adithyan. The court asked the respondent authorities...
Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978
Observing that “Forty four years is too long a time to maintain legal action. With passage of such protracted time, the right to relief is lost,” the Karnataka High Court dismissed an appeal filed by an appellant questioning the land acquisition proceedings initiated and completed in the year 1978.A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal...
Hindu Marriage Not Proven By Mere Certificate Of Arya Samaj/ Registrar, Must Show Saptapadi Or Other Rites: Allahabad High Court
The Allahabad High Court has held that marriage certificate issued by Arya Samaj Mandir or the Registrar of Hindu Marriages does not by itself prove marriage between parties. It was held that the one claiming the factum of marriage must produce evidence/ witnesses showing that Saptapadi and other rites and customs of Hindu marriage under Section 7 of the Hindu Marriage Act, 1955...
Larger Public Good By Constructing National Highways Need Not Be Overemphasized, Interest Of Local People Must Also Be Considered: Kerala HC
The Kerala High Court has stated that the importance of constructing national highways for the larger public good should not be over-emphasized since it is equally crucial to consider the interests of the people of a particular locality to promote the common good effectively.The appellants, residents of the Malappuram district approached the High Court for the construction of a...
Telangana High Court Appoints Wife Of Man Who Was In Vegetative State As Legal Guardian Of His Property
The Telangana High Court has appointed the wife of a man who was in a vegetative state as his legal guardian.The order was passed by Justice B. Vijaysen Reddy in a writ petition, which was filed raising the parens patriae jurisdiction of the Court. Under parens patriae, the State has a paternal and protective role over its citizens.It was pleaded that the petitioner may be appointed as the...
CAT Order To Consider Employee's Plea For Voluntary Retirement Is Binding, Authority Cannot Direct Compulsory Retirement Instead: Karnataka HC
The Karnataka High Court has said that directions passed by the Central Administrative Tribunal (CAT) to consider the representation for voluntary retirement made by an employee are binding and authorities cannot instead direct compulsory retirement without considering the plea for voluntary retirement.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde, said thus...
Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India
In a significant ruling on international child custody, the Andhra Pradesh High Court has granted custody of a four-year-old child to his father, allowing the child to return to the United States instead of staying back in India with his natural guardian/mother.The case involved Srinivas Ramineni, a U.S. citizen, who filed a habeas corpus petition seeking custody of his minor son, Gautam....
Hindu Deity Cannot Hold Land As 'Jagir' If Land Was Cultivated By Or Through Tenant: Rajasthan High Court
The Rajasthan High Court has affirmed that pursuant to the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 (“the Act”), Hindu Idols (deity) could hold lands as Jagir only when such land was cultivated by the Shebait/Pujari for such deity either themselves or through hired labour or servant engaged by them so as to be protected from resumption/acquisition under the Act. If the...
'Unconvincing': Bombay HC Pulls Up Authorities For Delay In Deciding Representation Against Preventive Detention Due To Holidays, Official Work
The Bombay High Court while ordering the immediate release of a man, detained under a preventive detention order, said that the authorities responsible for curtailing the fundamental rights of a citizen must act with promptitude and with a sense of urgency.A division bench of Justices Bharati Dangre and Manjusha Deshpande while dealing with the plea filed by one Sadhu Pawar, noted that he...
High Court Cannot Deprive Wife Of Her Right To Choose Appropriate Forum To Seek Maintenance: Bombay High Court
It is the choice of a wife to file Domestic Violence proceedings seeking maintenance and reliefs before a Magistrate Court or before a Family Court when the husband has already instituted divorce proceedings, the Bombay High Court has recently observed while holding that in such a scenario, the High Court should not entertain applications filed by the husband to transfer the proceedings...
S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies
The Jharkhand High Court has clarified that Section 65-B of the Indian Evidence Act, 1872 applies to the presentation of electronic evidence, and not physical documents.Justice Sujit Narayan Prasad, presiding over the case observed, “Section 65 of the Indian Evidence Act is mainly for the purpose of treating the document as secondary evidence depending upon the availability of the...