All High Courts
Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent
The Kerala High Court has permitted a mother to take her minor children to UAE by invoking its parens patriae jurisdiction. The Court stated that constitutional courts can invoke parens patriae jurisdiction to protect the rights of vulnerable adults and minors. A petitioner mother has approached the Court seeking permission to take her children to the UAE to obtain permanent residency, as...
[PMLA] Quashing FIR On Technical Grounds In Predicate Offence Would Not Lead To Automatic Quashing Of ECIR: Madras High Court
The Madras High Court has ruled that when an FIR in the predicate offense is quashed on technical grounds, it will not lead to an automatic quashing of the Enforcement Case Information Report (ECIR). The bench of Justice SM Subramaniam and Justice V Sivagnanam ruled that the judgments in the case of Vijay Madanlal Choudhary cannot have a blanket application and shall be applied...
Allahabad High Court Dismisses PIL For Inclusion Of Taekwondo, Judo Karate As Regular Courses For Girls In Class 1 To 8
Recently, the Allahabad High Court dismissed a public interest litigation seeking inclusion of Taekwondo, Judo Karate Course as regular course for girls in class 1 to 8.Petitioner approached the High Court claiming that introduction of the aforesaid as regular courses would help the girls in becoming independent, self-confident and help them in facing all difficulties they may encounter in...
Great Grandchild Not A 'Dependent' Of Freedom Fighters: Allahabad High Court
The Allahabad High Court has held that a great grandchild is not a 'dependent of freedom fighters' under Section 2 (b) of U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993.The Court relied on Krishna Nand Rai Vs. State of U.P. and 2 others where the Allahabad High Court held that a great grandson is not included within...
Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA
The Jharkhand High Court has declined to quash charges against Jamtara MLA and Minister for State's Rural Development, Dr. Irfan Ansari, who has been accused of circulating the identity of a minor rape victim to the media via WhatsApp. A single bench of Justice Arun Kumar Rai referred to Section 228A IPC which prohibits printing or publishing the name or rape victim identity in any matter....
Employee's Performance Assessment Must Be Limited To Specified Year, Incidents Beyond Not Ground To Upgrade/ Degrade: Delhi High Court
The Delhi High Court has observed that the assessment of an employee for a particular year must be based solely on their performance during that year, and incidents beyond the period covered by the Annual Performance Appraisal Report (APAR) cannot be used to either downgrade or upgrade an employee's rating.This observation was made by a division bench comprising Justices Shalinder Kaur And...
AP High Court Reprimands Dr KA Paul For Calling Judge 'Mad' While Appearing In-Person, Warns Of Contempt Proceedings If He Doesn't Appoint Lawyer
Recently, when Dr. K.A. Paul a humanitarian and evangelist was permitted to represent himself in a review petition challenging an order passed by the Andhra Pradesh High Court in a criminal plea, he commented that “the Judge has gone so mad in passing the order.” Further, when he was reprimanded, he stated “I have been misunderstood. The said statement is for the 'District...
Referral Court Under Section 11 Can't Decide The Arbitrability of Non-Notified Claim: Delhi High Court
The Delhi High Court bench of Justice C. Harishankar, while deciding a Section 11 application, has held that a referral court under Section 11 cannot examine the arbitrability of non-notified claims. After the SBI General Insurance Co Ltd v. Krish Spinning judgment, the arbitral tribunal will decide on the arbitrability of disputes. Facts: The appellant and respondent entered...
Maharashtra Police Not Serious About Probing Crimes Against Women & Children, Where Should Hapless Victims Go? Bombay High Court Remarks
If police in Maharashtra are going to be insensitive towards women and show their 'lackadaisical' attitude in investigating crimes against women and children, where should the poor, hapless women go? the Bombay High Court orally remarked on Wednesday while criticising the 'shoddy' probes in numerous cases pertaining to crimes against women.A division bench of Justices Ajay Gadkari and Dr...
Delhi High Court Grants Bail To Hyderabad Businessman Arun Pillai In Money Laundering Case Linked To Excise Policy
The Delhi High Court on Wednesday (September 11) granted bail to Hyderabad-based business Arun Ramchandran Pillai in a money laundering case linked to the now scrapped excise policy. A single judge bench of Justice Neena Bansal Krishna in its judgment, referred to the Supreme Court's decision in Manish Sisodia v Enforcement Directorate and observed that the "triple test" for grant of bail...
Customer In A Bar Encouraging Women To Dance In Obscene Manner Cannot Be Booked U/S 294 IPC: Bombay High Court
The Bombay High Court on Tuesday (September 10) while quashing a First Information Report (FIR) lodged against a man under Section 294 IPC (Obscene acts and songs) noted that he was only shown to be 'encouraging' the women in the bar to dance in an 'obscene' manner.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale held that the mere 'encouraging' of women in the dance bar to dance...
Unlike S.125 CrPC, Maintenance Under Domestic Violence Act Not Connected With Wife's Inability To Maintain Herself: Delhi High Court
Dismissing a plea moved by a husband and his kin against an order directing him to pay maintenance to his wife under the Domestic Violence Act, the Delhi High Court agreed with the trial court's observation that unlike Section 125 CrPC, maintenance under the DV Act is not linked to the inability of the wife to maintain herself. The observation came in a plea moved by a man and his family...