Showing 1938 articles
Appeal Restored; Litigant Directed to Visit an Old Age Home and Spend Time With Inmates: Madhya Pradesh High Court
The Madhya Pradesh High Court has emphasized the importance of the concept of Social Audit while allowing an application for restoration of a writ appeal. Instead of imposing monetary costs, the Court directed the applicant's counsel to visit an Old Age Home at Tilwara Ghat, Jabalpur, spend time with the inmates, and…
Notice to Husband Dispensed With in Wife's Matrimonial Transfer Plea; Procedure Cannot Overshadow Justice: Rajasthan High Court
The Rajasthan High Court has held that matrimonial transfer petitions should not remain pending for years merely because notice has not been served upon the respondent. Exercising its powers under Section 24 of the Code of Civil Procedure, 1908, the Court dispensed with the requirement of issuing notice to the husband…
Landowners Who Failed to Avail Opportunity of Hearing Cannot Later Allege Denial of Hearing Under the Land Acquisition Act: Supreme Court
The Supreme Court of India has dismissed appeals filed by landowners challenging the land acquisition proceedings for the Jaipur Metro Rail Project Phase II. The Court held that the landowners lost their right of personal hearing under Section 5A of the Land Acquisition Act, 1894 because, after filing objections, they…
Conviction Upheld 47 Years After Minor's Gang Rape, but Jail Term of 71-Year-Old Man Reduced: Allahabad High Court
The Allahabad High Court has upheld the conviction of Ram Swarup in a case relating to the abduction and gang rape of a minor girl that took place in 1979. While maintaining the conviction, the Court reduced the substantive sentence from 7 years and 6 months Rigorous Imprisonment to 4 years Rigorous Imprisonment. The…
Nursery Teacher's Bail Cancelled in POCSO Case Involving 3-Year-Old Student: Delhi High Court
The Delhi High Court has cancelled the regular bail granted to a Nursery Teacher accused in a case under the Protection of Children from Sexual Offences Act, 2012 involving a three-year-old nursery student. In State vs Kriti Sahni, the Court held that the Trial Court failed to properly consider the seriousness of the…
Unemployment Is No Ground to Deny Maintenance to Wife and Child: Karnataka High Court
The Karnataka High Court has reaffirmed that an able-bodied husband cannot avoid his legal obligation to maintain his wife and child merely by claiming that he is unemployed. In Sri Harish R. v. Smt. Sowmya and Another, the Court upheld the maintenance awarded by the courts below and refused to interfere with the…
Section 24 HMA | Interim Maintenance Continues During Appeal Against Divorce Decree: Delhi High Court
The Delhi High Court has held that interim maintenance granted under Section 24 of the Hindu Marriage Act, 1955 does not automatically come to an end after a Family Court passes a decree of divorce. The Court ruled that since an appeal is a continuation of the original matrimonial proceedings, interim maintenance can…
Article 227 Cannot Be Used to Stall Arbitration Proceedings; Gauhati High Court Orders Set Aside: Supreme Court
The Supreme Court has reaffirmed the principle of minimum judicial interference in arbitration proceedings by holding that High Courts should exercise extraordinary restraint while invoking their supervisory jurisdiction under Article 227 of the Constitution of India against orders passed by an arbitral tribunal under…
'Suspicion Cannot Replace Proof Beyond Reasonable Doubt': Husband Acquitted in 26-Year-Old Dowry Death Case: Supreme Court
The Supreme Court has acquitted Brajesh Kumar @ Birjesh Kumar Singh in a 26-year-old dowry death case, holding that the prosecution failed to prove the allegations beyond reasonable doubt. The Court found serious deficiencies in the investigation and trial, observing that crucial defence evidence was ignored,…
Surrogacy Allowed Despite Wife Crossing Age Limit; 2021 Law Cannot Be Applied Retrospectively: Allahabad High Court
The Allahabad High Court has ruled that the age restriction prescribed under Section 4(iii)(v)(c)(I) of the Surrogacy (Regulation) Act, 2021 cannot be applied retrospectively to couples who had already begun the surrogacy process by creating and freezing embryos before the Act came into force. The Court held that such…
