State Can't Claim Financial Incapacity To Withhold Gratuity, Not Giving Benefits To Retired Employees Violates Article 21: AP High Court

The Andhra Pradesh High Court has held that financial incapacity cannot be used as a defence by the State institutions for non-fulfilment of statutory obligation to provide terminal benefits to its employees, and shirking of the responsibility to release the same amounts to violation of Article 21 of the Constitution.The Court was dealing with a case where terminal benefits were denied to...

Marriage Doesn't Entitle Men To Unquestioned Authority Over Wife, Woman's Endurance Shouldn't Be Mistaken For Consent: Madras High Court

The Madras High Court recently set aside the acquittal of an octogenarian man for an offence under Section 498A (cruelty towards wife) of the IPC. While doing so, Justice L Victoria Gowri remarked that men must understand that marriage does not give them unquestioned authority over the wife and that the comfort, safety and dignity of their wives is not a secondary duty but an obligation...

Passport Can Be Issued Only For 1 Year If Court Permitting Travel Abroad Doesn't Specify Duration : Allahabad High Court

The Allahabad High Court has recently observed that if a competent criminal court grants a No Objection Certificate (NOC) or permission to travel abroad without specifying the duration for which the passport may be issued, the passport authority is justified in granting a passport valid for only one year. A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed...

Judges Must Uphold Law, Not Fear Backlash: Madras High Court While Restoring License Of Hospital Allegedly Involved In Kidney Racket

The Madras High Court recently set aside an order of the Directorate of Medical and Rural Health Services, cancelling the license of Cethar Hospital in Tiruchirappalli for its alleged involvement in a kidney racket, without following due procedure. When the Additional Advocate General submitted that the public would not be welcoming of such a development and might view it...

What Exactly Is Meant By 'Love Jihad'?: Kerala High Court Asks While Hearing Objections To Movie 'Haal'

While hearing the objections to Shane-Nigam starrer movie 'Haal' on Monday (October 3), the Kerala High Court asked what exactly was meant by the expression 'Love Jihad'.Justice V.G. Arun orally asked, “What exactly is meant by the expression 'Love Jihad'? Why is it called 'Jihad' when it comes to one particular (religion)...”The term was used in the counter affidavit filed by the...

Mere Taunts, Family Friction In Ordinary Marital Life Not Cruelty: Delhi High Court

The Delhi High Court has observed that mere taunts, casual references and general family friction occurring in ordinary wear and tear of marital life is not sufficient to constitute the offence of cruelty. Justice Amit Mahajan noted that there is a growing tendency to rope in even distant relatives of husbands, who do not even reside at the matrimonial house, even in the dearth of evidence....

Justice Sandeep Bhatt Sworn-In As Judge Of Madhya Pradesh High Court

Justice Sandeep N Bhatt was sworn-in as a judge of Madhya Pradesh High Court on Tuesday (November 4).Chief Justice Sanjeev Sachdeva administered the oath to Justice Bhatt. Justice Bhatt's transfer from the Gujarat High Court was notified by the Central Government through a notification dated October 14. The Supreme Court collegium had in August recommended the transfer of 14 judges across...

Family Property Dispute Can't Be Settled Under Maintenance Of Parents And Senior Citizen Act: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act) cannot be used to settle family property disputes by seeking maintenance or cancellation of property transfers.Justice Kuldeep Tiwari dismissed a petition filed by a senior citizen under Section 23 of the Act, seeking cancellation of a transfer deed executed in...

'Judicial Indiscipline': Madras High Court Lawyers Object To Justice Nisha Banu Not Joining Kerala High Court Despite Transfer

A group of lawyers from Madras High Court have written to the President of India, Vice President of India, CJI BR Gavai, Chief Justice of the Madras High Court, Chief Justice of the Kerala High Court, Law Minister Arjun Ram Meghwal raising strong objection to Justice Nisha Banu not joining the Kerala High Court despite her transfer. The collegium had recommended her transfer from the Madras...

Aadhaar Card Can't Be Made Mandatory For SC/ST Students To Avail Post-Matric Scholarships: Meghalaya High Court

The Meghalaya High Court has barred the State government from insisting on production of Aadhaar card as a mandatory pre-condition for students belonging to Scheduled Caste (SC) or Scheduled Tribe (ST) category to avail post-matric scholarships and other financial assistance. It further directed that upon proof of identity and residence from any other authentic document, the eligible...

Profits Earned On Bribe After Investment In Share Market Also Part Of Proceeds Of Crime, Can Be Attached Under PMLA: Delhi High Court

The Delhi High Court on Monday ruled that the profits earned on bribe money after investment in share market amounts to proceeds of crime and is liable to be attached under the PMLA. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the appreciation in value does not cleanse or purify the “tainted origin,” since the augmented value...

Bombay High Court Lifts Stay On Trial Against Abu Jundal In 26/11 Mumbai Terror Attacks Case

Clearing the decks for the second phase of trial in the 26/11 Mumbai Terror Attacks case, the Bombay High Court on Monday (November 3) set aside a special court's order which had in 2018 stayed the trial against Zabiuddin Ansari alias Abu Jundal, the alleged handler of the 10 Pakistani terrorists who had entered the city.Single-judge Justice RN Laddha quashed and set aside the special...