Showing 1939 articles
Parents Merely Stating That Daughter Was ‘Unhappy’ and ‘Often Wept’ Insufficient to Convict Husband and In-Laws Under Section 498A IPC: Bombay High Court
The Bombay High Court has held that the husband or in-laws of a woman cannot be convicted under Section 498-A of the Indian Penal Code (IPC) merely based on the statements of the woman’s parents that she was “unhappy” in her marriage or that she “wept” in front of them. The Court emphasized that to constitute cruelty…
Section 144 BNSS / Section 125 CrPC | Unmarried Major Christian Daughter Not Entitled to Seek Maintenance from Father: Kerala High Court
The Kerala High Court has held that a major daughter cannot claim maintenance from her father under Section 125 of the Code of Criminal Procedure (Cr.P.C.), corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), unless she is unable to maintain herself due to physical or mental abnormality or…
Income Tax Appellate Order Against AMMA Quashed; Fresh Consideration Directed: Kerala High Court
The Kerala High Court has quashed an order passed by the Commissioner of Income Tax (Appeals) against the Association of Malayalam Movie Artists (AMMA) , holding that the authority failed to comply with the mandatory procedural requirements under Section 250(6) of the Income Tax Act, 1961. The decision was rendered by…
First Wife Must Be Given Hearing Before Registration of Muslim Man’s Second Marriage; Matter to Be Referred to Court If She Objects: Kerala High Court
The Kerala High Court has held that the first wife must be given an opportunity of hearing by the statutory authorities before registering the second marriage of a Muslim man under the Kerala Registration of Marriages (Common) Rules, 2008. The ruling was delivered by Justice P.V. Kunhikrishnan, who emphasized that…
CCI Cannot Impose Interest Retrospectively from a Date Prior to Valid Service of Demand Notice: Delhi High Court
The Delhi High Court recently dealt with a significant case concerning the Competition Act, 2002, specifically addressing the issue of levy of interest by the Competition Commission of India (CCI). The matter arose from a challenge to the interest claimed by the CCI on a penalty imposed under Section 27(b) of the…
Writ Petition by Akasa Air Pilot Challenging ICC Report for Denial of Hearing in POSH Case Dismissed: Bombay High Court
The Bombay High Court has held that the absence of cross-examination in proceedings before an Internal Complaints Committee (ICC) under the POSH Act, 2013 does not automatically render the inquiry invalid. Justice N. J. Jamadar, while hearing a petition filed by a pilot employed as Captain with Akasa Air, clarified…
Interim Ban on Use of ‘Sachamoti’ Brand Amid Ongoing Family Dispute Upheld: Delhi High Court
The Delhi High Court, through a Division Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar, has upheld an interim injunction order restraining Sabu Trade Pvt. Ltd. (STPL) and certain members of the Sabu family, who are also directors of the company, from using the “Sachamoti” trademark, a well-known…
Custody of Child Granted to Indian Father; Court Suspects Russian Mother May ‘Snatch’ the Child Away from India: Delhi High Court
The Delhi High Court has upheld a Family Court’s order granting interim custody of a four-year-old girl to her Indian father, observing that there was a reasonable apprehension that the child’s Russian mother might leave India, which would render the ongoing custody proceedings meaningless. A Division Bench comprising…
Court Fee Payable Only on Principal Relief Under Section 6(1) of the Kerala Court Fees Act, Not on Consequential Reliefs: Kerala High Court
The Kerala High Court has ruled that when multiple documents concerning the same property are challenged in one suit, the court fee should be computed only on the principal relief and not on any ancillary or consequential reliefs. Justice P. Krishna Kumar delivered the judgment while interpreting Section 6(1) of the…
Family Court’s Order Dismissing Order IX Rule 9 CPC Application for Restoration of Suit Is Appealable; Original Petition Not Maintainable: Kerala High Court
The Kerala High Court recently dismissed an Original Petition that challenged a Family Court’s order rejecting a restoration application. The Division Bench comprising Justice Devan Ramachandran and Justice Snehalatha M.B. held that when a specific statutory remedy of appeal is available under Order 43 of the Code of…
