All High Courts
'Faulty, Needs To Be Read Down': Delhi High Court Questions Disciplinary Action Process Under BCI's Foreign Law Firms Rules
The Delhi High Court on Thursday questioned the process of disciplinary proceedings and imposition of penalties enumerated under the Bar Council of India's Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that prima facie, it is beyond comprehension, that in...
Adult, Married Children Have No Right To Stay In Father's Self-Acquired Property Without His Consent: Rajasthan High Court
The Rajasthan High Court imposed exemplary cost of Rs. 1 lakh on a son, litigating against his father for legal rights of a coparcener in a property— which he very well knew was not part of the Hindu United Family or co-parcenery, but was purchased by the father in his own name.The bench of Justice Sudesh Bansal opined that a child resides on his father's property during his childhood by...
"Trend Of Invoking Criminal Process In Private Relationships Must Be Checked": Madras High Court Quashes False Promise To Marry Case Against Man
The Madras High Court recently quashed a case against a man for alleged rape on false promise to marry. While doing so, the court noted that the growing trend of invoking criminal process in private relationships must be checked. Justice B Pugalendhi noted that recently, there was an increase in complaints of rape under false promise to marry, where the relationship was...
Child Care Leave Not An Entitlement But Can't Be Denied Arbitrarily Or Mechanically: Delhi High Court
The Delhi High Court has observed that while child care leave (CCL) granted to women government employees is not an entitlement but the same cannot be denied arbitrarily or mechanically. “While it is correct that CCL is not an entitlement as of right, the discretion to deny cannot be exercised arbitrarily or mechanically. It must be guided by the object and spirit of the rule, which is...
Prescribing Maximum Age Of 65 Years For Fair Price Shop Dealers Not Unreasonable: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that prescribing the maximum age of 65 years for a fair price shop dealer for the implementation of the Public Distribution System (Control) Order 2001 cannot be termed as unreasonable.The Court found that the impugned notification contained a provision allowing transfer of the licence to an eligible dependent, and therefore did not result...
"Protector Became The Source Of Suffering": Madras High Court Upholds Father's Conviction For Sexually Harassing His Minor Daughters
The Madras High Court has upheld the conviction and sentence of a man for sexually harassing his two minor daughters. The bench of Justice N Sathish Kumar and Justice M Jothiraman commented that it was a peculiar case and it was painful to see that the father, who was expected to be the protector, had in turn become the cause of suffering for the kids. Noting that the father was...
Delhi High Court Extends Time To Surrender For Lawyer Accused Of Raping Woman Advocate
The Delhi High Court on Thursday granted extension of time to surrender to a lawyer whose anticipatory bail was cancelled over allegations of raping a young woman advocate.Justice Amit Mahajan directed the lawyer to surrender by November 17, and asked him not to contact the victim in the meantime. It further directed that in case the lawyer contacts the victim, the Delhi Police will be at...
UP Police Officer Can't Resign Without Mandatory 2-Month Notice Under Statutory Regulations: Allahabad High Court
The Allahabad High Court has held that where a Police Officer seeks resignation, they must provide the department with the mandatory two-month notice period mandated by Regulation 505 of the U.P. Police Regulations read with the Police Act, 1961. Justice Vikas Budhwar held that non-compliance with the aforementioned provisions would render the resignation defective.The petitioner was appointed...
Frame Rules For Convicts Unable To Surrender After Lapse Of Parole Due To Health Issues, Age: Delhi High Court To Authorities
The Delhi High Court has directed the State Authorities to frame rules to cater to situations where convicts are unable to surrender even after lapse of the period of release on parole or furlough, due to being incapacitated by virtue of their health or age.Justice Amit Mahajan said that in such cases, multiple convicts may be forced to suffer tribulations of legal limbo and left to wait for...
Will Initiate Suo Motu Contempt If Parties Continue To Erect Unauthorised Flagpoles In Public Places: Madras High Court
The Madras High Court, on Wednesday, warned that it would initiate contempt proceedings if political parties continued to erect unauthorised flag poles on the road, despite the court ruling against the same. Justice GK Ilanthiraiyan remarked that, though the court had prohibited flagpoles at public places, it was still being erected in the middle of the road, and no action was being...
Presence Of Injury Not Essential To Attract Offence Of Attempt To Murder: MP High Court
The Madhya Pradesh High Court, on Tuesday (November 11), held that the presence of injury is not an essential ingredient for making out an offence of attempt to murder under Section 307 of the Indian Penal Code/ Section 109(1) of BNS.The court further clarified that any action is done with an intention or knowledge that this action would cause death, then the assailant would be guilty of...
Madras High Court Stays Release Of “Kumki 2” Movie Amidst Money Dispute
The Madras High Court has temporarily stayed the release of the Tamil movie “Kumki 2” amidst money disputes between a financier and the producers of the movie. Justice Anand Venkatesh passed the interim orders on a petition filed by S.Chandraprakash Jain under Section 9 of the Arbitration and Conciliation Act seeking an ad interim injunction restraining the distribution...