News Updates
Hindu Marriage Act | Able-Bodied Husband Having Earning Capacity Can't Seek Permanent Alimony From Wife: Karnataka High Court
The Karnataka High Court has held that an able bodied man having the capacity to earn cannot seek for permanent alimony on divorce from his wife. A division bench of Justice Alok Aradhe and Justice J M Khazi dismissed the appeal filed by one T.Sadananda Pai, seeking permanent alimony from his wife under section 25 of the Hindu Marriage Act. The bench said, "The appellant is an...
Utmost Precaution Needed While Finding Accused Guilty On The Basis Of Circumstantial Evidence: Allahabad High Court
The Allahabad High Court recently observed that the Court shall take utmost precaution in finding the accused guilty only on the basis of circumstantial evidence. With this, the Court upheld the acquittal order passed by Assistant Sessions Judge, Mirzapur in an attempt to murder case (Section 307 IPC).The Bench of Justice Om Prakash-VII and Justice Umesh Chandra Sharma noted that the witnesses...
'No Locus': Gujarat High Court Dismisses Plea Seeking CID Probe Into Alleged Corruption & Irregularities In Agriculture Produce Market
The Gujarat High Court recently dismissed a plea seeking probe by specialized agency like CID (Economic Offences Wing) or Anti-Corruption Bureau into alleged corruption and financial irregularities of "millions of rupees" in the Agriculture Produce Market.Justice Nirzar Desai observed that the complainant (Applicant herein) could not establish his locus standi and that he could not point out...
Kerala High Court Reserves Verdict In Monson Mavunkal's Bail Pleas In Sexual Assault Cases
The Kerala High Court on Monday reserved its verdict on the bail applications moved by infamous fake antique dealer Monson Mavunkal in a batch of cases where several women have accused him of sexually abusing them. Justice Bechu Kurian Thomas reserved orders in the cases, one of them being a POCSO case, after hearing all the parties. The parties concluded their arguments today. Advocate...
Special CBI Court Refuses Default Bail To Former Maharashtra Home Minister Anil Deshmukh In Corruption Case
A special CBI court on Monday refused bail to former Home Minister of Maharashtra, Anil Deshmukh, in a corruption case related to police transfers and postings.The order was passed by Special Judge SH Gwalani, who also refused default bail to the NCP leaders co-accused Sanjeev Palande and Kundan Shinde on a plea seeking default bail. The NCP leader contended that the charge sheet...
Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.In this case, the appointment of the petitioner as Lambardar by the Collector was set aside by the Financial Commissioner, stating that the Collector had not considered...
Gravity Of Offence Cannot Overweigh Legal Proof: Gujarat High Court Upholds Acquittal Of POCSO Accused
The Gujarat High Court has recently dismissed the appeal of the State Government challenging the acquittal of a person accused under the POCSO Act, citing lack of evidence. A bench of Justice SH Vora and Justice Rajendran Sareen observed:"Here in this case it is to be noted that on one side the complainant has alleged against the respondent accused regarding sexual assault upon her...
Karnataka Consumer Forum Orders Byju's To Refund Fees To Student Over Failure To Provide 'Proper Learning App'
A district consumer forum in an ex-parte order issued on May 10, directed Think & Learn Pvt. Ltd, which provides Byjus's learning app, to refund fees of a student who alleged that the ed-tech company did not provide him with a proper learning app and offered a tab which was cheaper in value than the one initially promised."The above said act of OP in not providing proper app not...
De-Casting Of Sand In Patta Lands Not 'Commercial Mining Activity'; Can Be Conducted Within Eco Sensitive Zone: Telangana High Court
The Telangana High Court recently set aside notices served to pattadars by government authorities, asking them to stop de-casting of lands on the alleged ground that the subject lands were falling in Eco Sensitive Zone (ESZ).Referring to the Guidelines issued for declaration of Eco Sensitive Zones, Justice G. Radha Rani observed:"Commercial mining is shown as prohibited activity...
Punjab & Haryana High Court Weekly Roundup: July 3 To July 9, 2022
Nominal IndexSanjay Bakshi v. State Of Punjab 2022 LiveLaw (PH) 168 Harjeet Lal @ Laddu Vs. State of Punjab 2022 LiveLaw (PH) 169 Sukhdeep Singh Versus State of Punjab 2022 LiveLaw (PH) 170 Deepa @ Deepika Versus State Of Haryana 2022 LiveLaw (PH) 171 Pankaj Dalal v. State of Haryana 2022 LiveLaw (PH) 172 Dinesh Versus State of Haryana 2022 LiveLaw (PH) 173 Kamlesh Rani...
Drugs & Cosmetics Act | Complainant Must Prove "Exclusive Possession" Of Premises By Accused From Where Recovery Is Made: Telangana High Court
The Telangana High Court recently observed that a complainant under the Drugs and Cosmetics Act, 1940 is duty bound to prove the "exclusive possession" of premises by the accused where drugs have been found. The Observation came from Justice K. Surender "It is the bounden duty of the complainant to prove beyond reasonable doubt against the respondent/accused regarding...
Madras High Court Refuses To Stall AIADMK General Council Meeting, Rejects Plea By Ex-CM Paneerselvam
The Madras High Court on Monday refused to interfere with the general council meeting of the All India Anna Dravida Munnetra Kazhagam (AIADMK). The order of Justice Krishnan Ramasamy came at 9 in the morning, with the meeting scheduled to be held today. The plea to stall the meeting was filed by former Chief Minister O Paneerselvam, who argued that proper notice was not issued for conducting...