Showing 1939 articles
Court Rules Bride Who Eloped with Paramour Before Parental-Arranged Marriage Cannot Be Charged with Cheating: Bombay High Court
In a recent ruling by the High Court of Judicature at Bombay, the court addressed a complex marriage dispute involving allegations of cheating under the Indian Penal Code (IPC). This judgment, delivered on August 28, 2024, by Justice A. S. Gadkari and Justice Dr. Neela Gokhale, sheds light on the criteria required to…
Restriction on Gatherings for Lawful Purposes Requires Imminent Threat to Public Order: Calcutta High Court
Calcutta High Court delivered an important judgment regarding the right to hold public rallies, examining the interplay between public order regulations and individual rights. The case in question, WPA 21455 of 2024, pits Dr. Partha Biswas against The State of West Bengal & Ors., and highlights critical issues related…
Fraud Allegations and Time-Barred Claims Should Be Decided by Arbitral Tribunal: Delhi High Court
In a significant decision, the Delhi High Court on 20th August 2024 adjudicated a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, by Dr. Rahul Bhayana seeking resolution of a dispute related to an apartment purchase agreement. The respondents in the case were Dr. Rohit Bhayana and DLF…
O6 R7 CPC, Court Clarifies Differences in Amendment Considerations for Plaint and Written Statement: Jammu and Kashmir High Court
In the case of Ghulam Hassan Khanyari v. Reyaz Ahmad Bhat & Anr., the Court has addressed the application for amendment of the written statement under the Code of Civil Procedure (CPC). Key Facts: 1. Settlement and Demarcation: The dispute involves land settled among four co-owners on October 31, 1991. Each party was…
Court Condoned Delay in Filing Appeal Due to GST Portal Notices, Lack of Hard Copy Service: Madras High Court
The Madras High Court, in a recent ruling, condoned a significant delay in filing an appeal under the Goods and Services Tax (GST) Act, 2017, thereby providing relief to a petitioner who had challenged the demand order issued by the State Tax Officer. This judgment emphasizes the importance of ensuring proper service…
Public Safety Act Cannot Bypass Due Process Established Under Criminal Procedure Code: Jammu and Kashmir High Court
In a significant judgment, the High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of Hamid Mohd. under the Jammu & Kashmir Public Safety Act, 1978 (PSA), highlighting serious lapses in the application of the law. The judgment, delivered by Hon'ble Justice Rahul Bharti, underscores the…
Husband’s Decision to Live Separately from Parents: Wife’s Neglect of In-Laws Doesn’t Constitute Cruelty: Allahabad High Court
The Delhi High Court recently ruled on a significant case involving the Hindu Marriage Act, 1955, wherein a divorce petition was filed based on the grounds of irretrievable breakdown of marriage and mental cruelty. The judgment underscores the evolving nature of marital disputes and the necessity for legal provisions…
Court Rules Appointments to Aided Minority Institutions Cannot Be Limited to Specific Caste or Religio: Madras High Court
In a landmark decision, the Madurai Bench of the Madras High Court has issued a significant order regarding the appointment of teachers and correspondents in educational institutions run by the Diocese of Tirunelveli, a body affiliated with the Church of South India (CSI). The case, WP(MD)No.15201 of 2024, centers on…
NIA Court's Bail Order for Kuki Leaders Accused of 'Waging War' Against India Set Aside by: Manipur High Court
In a significant judgment concerning the Unlawful Activities (Prevention) Act, 1967 (UAPA), the court addressed critical issues related to default bail and the timelines for appeals. This ruling provides clarity on the application of Section 21 of the UAPA and Section 167 of the Criminal Procedure Code (CrPC). Case…
Only CPC Provisions Pertaining to RERA Proceedings Apply, Excluding Others: HP High Court
In a recent judgment by the High Court of Himachal Pradesh, the court addressed issues related to the enforcement of decrees under the Real Estate (Regulation and Development) Act, 2016 (RERD Act, 2016). The case highlights the procedural aspects of enforcing decrees and the judicial response to allegations of abuse…
