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A married woman cannot accuse someone of rape based on a false promise of marriage, according to the Madhya Pradesh High Court.
The Madhya Pradesh High Court has decided that a married woman cannot claim rape simply because her consent for a sexual relationship was based on a false promise of marriage. Justice Maninder S. Bhatti, in a Single Bench ruling, dismissed a rape case brought by a married woman, stating that such claims do not meet… read more
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The Madras High Court stated that no unauthorized construction is allowed and that authorities must take action if anyone files a complaint.
The Madras High Court stated that no unauthorized buildings should be allowed to stay, and authorities must take action when they receive information or complaints from anyone. This statement was made in response to a Writ Petition filed by a company challenging the Chennai Metropolitan Development Authority’s (CMDA) order to remove its unauthorized structure. Justices… read more
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The Patna High Court stated that the seriousness of the offense or the age of a juvenile cannot be reasons to deny bail under the JJ Act.
The Patna High Court has stated that the seriousness of the alleged crime and the age of the juvenile cannot be used as reasons to deny bail under Section 12 of the Juvenile Justice (J.J.) Act, 2015. The Court highlighted that bail is the standard practice, and denying it is an exception that must meet… read more
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The Madras High Court suggests that two seats should be reserved again for Pradhan Mantri Rashtriya Bal Puraskar award winners for MBBS and BDS course admissions.
The Madras High Court recently noted that reserving 2 seats for winners of the National Child Award for outstanding innovation achievements in MBBS/BDS admissions could be a positive move. A petitioner approached the court asking the Ministry of Women and Child Development to recommend his name to the Ministry of Health & Family Welfare for… read more
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The Patna High Court stated that executive magistrates can only use their authority under Section 145 of the Criminal Procedure Code when there is a fear of disruption to public peace and order.
The Patna High Court stated that before starting proceedings under Section 145 of the CrPC, the Executive Magistrate must be satisfied that there is a risk of public peace being disturbed due to a dispute over who actually possesses the property, based on reports or information received. The petitioners filed a revision petition against the… read more
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Calcutta High Court: Courts under Section 11 of the Arbitration Act can only deny a reference if it is clear that the claims are too late or the dispute does not exist.
The Calcutta High Court addressed an arbitration case, stating that courts can only intervene at the referral stage if claims are time-barred or if there are no ongoing disputes. The case involved a request to appoint an arbitrator related to a work order given to a company’s predecessor. Justice Shampa Sarkar noted that it is… read more
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The Kerala High Court has asked the registry to send its order rejecting the bail request of a BJP leader to the Law Commission. The court is questioning whether people who make statements against the basic structure of the Constitution should be treated leniently.
The Kerala High Court has instructed the Registry to send its Order to the Law Commission to consider if people making statements against the Constitution’s basic structure should face lighter consequences. The Court denied anticipatory bail to BJP Leader P.C. George, a former MLA, who is accused under Sections 196(1)(a) and 299 of the Bharatiya… read more
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Father-in-law’s responsibility for maintenance under HAMA is based on income from co-parcenary property, according to the Patna High Court.
The Patna High Court decided that a father-in-law is not required to pay maintenance to his widowed daughter-in-law under the Hindu Adoptions and Maintenance Act (HAMA) unless he has enough income from shared family property. This case began with a Criminal Revision petition where the complainant requested maintenance from her deceased husband’s family. A magistrate… read more
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The Karnataka High Court stated that a person accused cannot be compelled to submit an RTI application to get a document they are entitled to under Section 91 of the Criminal Procedure Code.
The Karnataka High Court decided that a person accused in a criminal case should not have to use the Right to Information Act (RTI Act) to get documents they can already request under Section 91 of the Code of Criminal Procedure (CrPC) for their defense. This ruling came while the court was helping Dr. Shivamurthy… read more
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Patna High Court Dismisses FIR, Says Breath Analyzer Report Is Not Strong Evidence of Drinking Alcohol.
The Patna High Court emphasized that a breath analyzer report is not definitive proof of alcohol consumption. The Court dismissed a First Information Report (FIR) against the petitioner, who faced charges under the Bihar Prohibition and Excise Act, 2016. It referenced a previous Supreme Court decision in the case of Bachubhai Hassanalli Karyani v. State… read more
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The Madras High Court has ordered the Director of Medical Education to organize awareness programs to update knowledge on LGBTQIA+ issues.
The Madras High Court has instructed the Director of Medical Education in Tamil Nadu to organize awareness programs focused on LGBTQIA+ issues and to include speakers from that community. This decision came while the Court was reviewing a Writ Petition that discussed the need for either a separate policy for the transgender and intersex communities… read more
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The Kerala High Court stated that the SC-ST Act is being misused by people with bad intentions, and that false cases should be dismissed quickly.
The Kerala High Court has warned against the improper use of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The court highlighted that while this law is essential for safeguarding marginalized groups from exploitation, any false cases should be dismissed promptly. Justice A. Badharudeen emphasized the important role of courts… read more
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Allahabad High Court Denies Request to Stop Civil Court Workers from Working at Judges’ Homes.
The Allahabad High Court has recently dismissed a petition from the Anjuman Himayat Chaparsian Sangh, U.P. (Nyay Bhibhag). The petition claimed that Class IV employees at civil courts were being compelled to serve as domestic workers for judicial officers. The association sought a court order to prevent judicial officers from requiring these employees to perform… read more
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When a document is already in the record but is incomplete, submitting the complete version does not count as new evidence that needs to follow Section 173(8) of the CrPC, according to the Delhi High Court.
The Delhi High Court ruled that if a document is already in the record but is incomplete, providing the complete version does not count as new evidence that needs to follow Section 173(8) of the CrPC. The Court rejected a Petition from an Accused who wanted to overturn a Special Court’s Order (PC Act) that… read more
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The Delhi High Court has stated that there is no barrier to considering written submissions as an application to transfer a winding-up petition to the NCLT.
The Delhi High Court decided that it can accept written submissions as a request to transfer a winding-up petition to the NCLT, even without a formal application. This decision came after a Company Petition was filed under the Companies Act, 1956, to wind up Pinnacle Air Pvt. Ltd. due to its failure to pay debts… read more
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Adolescents Are Entitled To Participate In Consensual And Non-Coercive Relationships: Delhi High Court Supports Acquittal In POCSO Case.
The Delhi High Court has highlighted the importance of a caring legal perspective on teenage romantic relationships. It stated that consensual and respectful love among adolescents should not be treated as a crime under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Justice Jasmeet Singh, while handling a POCSO case, noted that young… read more
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The Delhi High Court stated that the Central Administrative Tribunal cannot consider the High Court’s judgment as per incuriam.
The Delhi High Court overturned a decision made by the Central Administrative Tribunal, stating that the Tribunal cannot label a High Court judgment as per incuriam. The appeal was against the Tribunal’s ruling that canceled the appointment of a Multi Tasking Staff member. The Division Bench, which included Justice C. Hari Shankar and Justice Ajay… read more
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Punjab and Haryana High Court allows CBI to question six additional witnesses in the case involving Justice Nirmal Yadav for a fair trial.
The Punjab and Haryana High Court has permitted the Central Bureau of Investigation (CBI) to question six additional witnesses in a case involving Justice Nirmal Yadav, a former High Court Judge. Justice Nirmal Yadav is implicated in a 2008 incident where a bag with Rs. 15 lakhs was delivered to the home of Justice Nirmaljit… read more
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Bombay High Court asks the state government to form a committee to decide if applicants can provide information about their mother’s social status on the ‘Aaple Sarkar’ web portal.
The Bombay High Court recently directed the Maharashtra Government to form a committee to determine if a special clause can be added to the ‘Aaple Sarkar’ web portal. This clause would allow applicants to provide their mother’s social status. The court was reviewing a petition from a woman who requested a caste certificate based on… read more
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A government employee’s date of birth, once noted in their service book, cannot be changed after five years, according to the J&K&L High Court.
The Jammu & Kashmir and Ladakh High Court ruled that a government employee’s declared date of birth, once entered in their service book, cannot be changed after five years. The Court rejected the employee’s Second Appeal, supporting the Trial Court’s decision to deny his request for a date of birth correction. Justice Vinod Chatterji Koul… read more
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Delhi High Court dismisses a request to excuse a delay of 565 days, stating that NGOs and their senior officials are expected to keep track of lists.
The Delhi High Court rejected an application from an NGO that sought to excuse a delay of over a year in filing an appeal related to a money recovery case. The court noted that an educated person involved in litigation should keep track of their case. The NGO, along with its President and Secretary, filed… read more
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Bombay High Court Grants Bail to 70-Year-Old Accused of Human Sacrifice, Says Trial May Take Time to Finish.
The Bombay High Court has granted bail to a 70-year-old man from Satara, who is accused of murdering a young girl in a human sacrifice ritual aimed at achieving wealth and prosperity. This incident allegedly took place in 2019, when he and others planned the sacrifice. While he was on lookout, another accused is said… read more
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The Allahabad High Court has stated that the revised Section 36 of the Arbitration Act will apply to arbitration and court cases that occur after it was enacted.
The Allahabad High Court decided that the updated Section 36 of the Arbitration and Conciliation Act, 1996 is applicable only to court cases that start on or after the Amendment Act took effect. Justice Piyush Agrawal’s Bench based this ruling on the Supreme Court’s decision in the case of Board of Control for Cricket in… read more
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The Delhi High Court stated that while Section 498A of the IPC is often misused, there are also real cases of harassment.
The Delhi High Court noted that while Section 498A of the IPC can be misused, it is important to recognize that real cases of harassment do occur. The Court was reviewing a petition to dismiss an FIR filed under Sections 498A/34 of the Indian Penal Code, 1860. Justice Amit Mahajan, in a single-bench ruling, remarked… read more
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Kerala High Court: It is not appropriate to keep vulnerable witnesses away from defense lawyers unless there are special circumstances.
The Kerala High Court noted that a Defense Counsel can only be restricted from interacting with a witness if they misuse their freedom by making gestures or facial expressions that make the witness uncomfortable. In such cases, the Special Court has the authority to take necessary actions to protect the witness. This observation came while… read more
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The Orissa High Court states that well-educated wives should not stay inactive just to receive financial support from their husbands.
The Orissa High Court has decided that a well-educated woman should not remain inactive and rely on her husband for financial support. The Court pointed out that maintenance under Section 125 of the CrPC is intended for wives who truly cannot support themselves. Justice Gourishankar Satapathy made these comments while lowering the maintenance amount given… read more
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Filing Disclosure Affidavits is a necessary step for deciding maintenance applications, according to the Orissa High Court.
The Orissa High Court has emphasized that submitting a disclosure affidavit, as required by the Supreme Court’s ruling in Rajnesh Vrs. Neha and Another, is essential for deciding maintenance applications under various laws. The Court was reviewing a Revision Petition regarding a Family Court order that instructed the Petitioner-husband to pay Rs.10,000 per month to… read more
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Women Over 50 Years Old Cannot Be Surrogates: Kerala High Court.
The Kerala High Court has stated that a woman is not eligible for surrogacy once she turns 50, following the age rules set by the Surrogacy (Regulation) Act, 2021. Justice C.S. Dias, in a Single Bench, rejected a petition that questioned the age limits in the Act. The court explained that according to Section 4… read more
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Madhya Pradesh High Court states that a wife’s love and affection for another person, without any physical relationship, does not count as ‘adultery.’
The Madhya Pradesh High Court decided that a wife’s emotional love for someone else, without any physical relationship, does not count as adultery. This ruling came from a case where a husband challenged a family court’s order to pay his wife ₹4,000 in temporary maintenance. He claimed that because his wife loved another man, she… read more
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The Rajasthan High Court has stated that the “Teli” caste in the OBC list is applicable to all religions, whether Hindu or non-Hindu.
The Rajasthan High Court decided that the caste “Teli,” listed in the Central List of Other Backward Classes (OBCs) in Rajasthan, applies to individuals of all religions, including Hindus and Non-Hindus. This decision followed a case where a Muslim man, working under the NREGA scheme as an OBC, lost his job. The state denied him… read more
