Showing 1938 articles
State Constitutionally Bound to Decide KAAPA Detainee's Representation Irrespective of Pending Decision by Advisory Board: Kerala High Court
The Kerala High Court has held that the State Government is under an independent constitutional obligation to consider a representation submitted by a person detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 without waiting for the opinion of the Advisory Board. The Court ruled that delaying the…
Domicile Relaxation Available to All; SC Candidate Cannot Be Deprived of Availing Unreserved Vacancy: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has held that a reserved category candidate cannot be denied appointment against an unreserved vacancy merely because the candidate availed a physical relaxation that was available equally to all candidates belonging to a particular geographical region. The Court clarified…
Cheque Dishonour Conviction Upheld; Mere Claim of Blank Security Cheque Cannot Rebut Legal Presumption: Delhi High Court
The Delhi High Court has upheld the conviction of Pardeep Kumar in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The Court held that once an accused admits issuing the cheque and admits his signatures on it, the legal presumption under Section 118 of the Negotiable Instruments Act,…
Judges Allowed to File ITRs Claiming Judicial Allowances as Non-Taxable Income Under Interim Order: Delhi High Court
Title Income Tax Act, 1961, High Court Judges (Salaries & Conditions of Service) Act, 1954 and Supreme Court Judges (Salaries and Conditions of Service) Act, 1958: Delhi High Court Allows Judges to File Income Tax Returns Treating Judicial Allowances as Non-Taxable Income Introduction The Delhi High Court has passed…
CCTV Footage and Police Inquiry Ordered Into Alleged Assault on Lawyers Inside Lucknow Court: Allahabad High Court
Title Constitution of India: Allahabad High Court Orders Police Inquiry and CCTV Footage Over Alleged Assault on Lawyers Inside Lucknow District Court Introduction The Allahabad High Court, Lucknow Bench, has taken urgent cognizance of allegations that advocates and a litigant were assaulted inside the Lucknow…
Driving Licence Cannot Be Declared Fake Solely on Investigator's Report; Insurer Must Prove It: Rajasthan High Court
The Rajasthan High Court has held that an insurance company cannot escape its liability under the Motor Vehicles Act, 1988 merely by relying on an investigator's report to allege that a driver's licence is fake. The Court ruled that such an allegation must be proved by producing evidence from the concerned licensing…
Fresh Trial Ordered for Death Row Convict in 1996 Samleti Bus Bomb Blast Case Due to Ineffective Legal Representation: Supreme Court
Title Sections 302 and 120-B of the Indian Penal Code, Explosive Substances Act and Prevention of Damage to Public Property Act: Supreme Court Orders Fresh Trial in 1996 Samleti Bus Bomb Blast Case, Sets Aside Death Sentence of Dr. Abdul Hameed Case Background The Supreme Court has set aside the death sentence awarded…
Ex-Wife Cannot Claim 20% of Ex-Husband's Income After Receiving Full Divorce Settlement: Supreme Court
The Supreme Court has ruled that when a husband and wife have entered into a complete divorce settlement under the Hindu Marriage Act, 1955, and the husband has fulfilled the agreed lump sum payment, the wife cannot later seek enforcement of a temporary clause for payment of 20% of the husband's annual income if the…
Typewritten Cheque by Itself Cannot Defeat Cheque Bounce Complaint Under the NI Act: Kerala High Court
The Kerala High Court has held that a cheque cannot be treated as invalid merely because it is typewritten. Justice A. Badharudeen ruled that once the complainant proves that the cheque was issued towards a legally enforceable debt, the fact that it is typewritten cannot defeat a cheque dishonour complaint. The Court…
Police Negligence Delayed Bail Hearing, Leaving Man in Jail for 15 Extra Days; ₹1 Lakh Cost Imposed on UP Government: Allahabad High Court
The Allahabad High Court imposed a cost of ₹1,00,000 on the Uttar Pradesh Government after finding that negligence by police officials delayed the hearing of a bail application, causing an accused to remain in jail for more than 15 extra days. Justice Arun Kumar Singh Deshwal directed that the compensation be paid to…
