Wife's Opposition to Husband's Demand For Living Separately Cannot Be Termed Cruelty: Chhattisgarh HC

The High Court of Chhattisgarh recently observed that if a husband asks his wife to stay at a place other than his without sufficient cause and she opposes it, it cannot be termed as cruelty on her part.The observation was made by Justice Goutam Bhaduri & Justice Radhakishan Agrawal in its decision on an appeal filed by a man against the family court's decision to not allow his petition...

Materials Before Court Insufficient To Decide Fraud In Relation To Existence Of Arbitration Agreement, Arbitrator To Decide Issue: Kerala HC

The Kerala High Court on Thursday reiterated that where a plea of fraud is raised in a dispute, the civil aspect of fraud is arbitrable, unless the very arbitration agreement is found to have been vitiated by fraud. As to the forum to decide upon the arbitrability of the agreement, Justice Satish Ninan reiterated that the Courts would be bound to refer the parties for adjudication unless it...

S.357 CrPC | When Fine Forms Part Of Sentence U/S 138 NI Act, Court Ought To Order Payment Of Compensation From Fine: Kerala HC

The Kerala High Court on Tuesday, while considering a Revision Petition observed that in an offence under Section 138 of the Negotiable Instruments Act, when the Court imposes sentence of imprisonment and fine, it has to order payment of compensation from the amount of fine as provided under Section 357(1)(b) of CrPC. Justice A. Badharudeen observed:...in an offence under Section 138 of the...

[Public Safety Act] State's Apprehension Of Accused Getting Bail In Criminal Case Cannot Lead To Preventive Detention: J&K&L HC

The Jammu and Kashmir and Ladakh High Court, while quashing a preventive detention order, observed that offence of cheating and fraud, without having wider ramifications, cannot be made the basis for issuing a detention order in the name of maintaining public order. Justice Sanjeev Kumar pronounced the judgement on September 20 in a plea against the detention order passed by...

Madhya Pradesh High Court Upholds Termination of Police Constable for Suppressing Criminal Antecedents; Imposes 10K Cost

The Madhya Pradesh High Court recently upheld the termination of a police constable from service for suppressing information regarding the criminal cases registered against him. The Bench further imposed cost of Rs.10,000 on him for coming to the Court with unclean hands.The division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed-The man who comes to the Court...

Plea In Karnataka High Court Challenges CLAT-PG Mandate For JAG Entry

A petition has been filed in the Karnataka High Court calling in question the notification issued by the Central Government, in so far as it imposes a precondition that the candidates should have appeared for CLAT 2022 PG program in order to appear for SSC (NT) JAG entry scheme 2023. The petition is filed by Purbayan Chakraborty, a Final year law student at Karnataka State Law...

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners

The Delhi High Court has registered a suo motu public interest litigation (PIL) on the issue of premature release of old aged and infirm prisoners.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response from Centre, Delhi Government and Director General (Prisons) while posting the matter for hearing on February 13, 2023. The...

Manual Scavenging: HC Issues Notice To Delhi Police, DDA In Suo Motu PIL On Outer Delhi Deaths

Days after taking suo motu cognizance on the deaths of two men, who died due to inhalation of toxic gases inside a sewer in city's Mundka area, the Delhi High Court on Wednesday issued notice to city police and Delhi Development Authority (DDA). A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also issued notice to National Commission for...

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC

The Karnataka High Court has said that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22(5) of the Constitution of India and constitutes a ground to nullify the order of detention. A division bench of Justice B. VEERAPPA and Justice K.S. HEMALEKHA made the observation while allowing a habeas corpus petition filed by detenue Shivaraja...

Air India Privatisation: Bombay HC Says Writ Petitions Against Airline No Longer Maintainable

The Bombay High Court has held that writ petitions filed by employees against Air India Limited (AIL) are no longer maintainable due to subsequent privatisation of AIL even though they were maintainable at the inception of the case."The writ petitions, although maintainable on the dates they were instituted, have ceased to be maintainable by reason of privatization of AIL which takes it...

Allahabad High Court Sentences Mukhtar Ansari To 7-Year-Jail For Abusing, Intimidating And Threatening A Jailer For His Life In 2003

The Allahabad High Court today sentenced former UP MLA Mukhtar Ansari to 7 years in jail after holding him guilty of intimidating a Jailer who was performing public duty by abusing him and pointing a revolver/pistol toward him, and threatening to kill him in the year 2003With this, the bench of Justice Dinesh Kumar Singh set aside the acquittal order passed in favor of Ansari by the...

Plea In Delhi HC Challenges DPCC's Blanket Ban On Sale And Bursting Of Firecrackers In National Capital

A plea has been filed in the Delhi High Court challenging the direction issued by Delhi Pollution Control Committee (DPCC) on September 14 for a complete ban on manufacturing, storage, sale and bursting of all kinds of firecrackers till January 1, 2023 in the national capital. The plea has been moved by two entities, engaged in storing and selling of green crackers, claiming that there was...