Showing 1938 articles
Wife’s Remarriage During Delayed Divorce Appeal Held Valid; ₹20 Lakh Alimony Issue Sent Back for Fresh Hearing: Kerala High Court
The Kerala High Court has ruled that a wife's remarriage during the pendency of a delayed divorce appeal cannot be treated as illegal or void. While rejecting the husband's challenge to the divorce decree, the Court directed a fresh examination of the Family Court's order awarding Rs 20 lakh as permanent alimony to…
Charge Under Section 6 of the POCSO Act Not Proved; No Conclusive Evidence Establishing Rape: Gauhati High Court
The Gauhati High Court has set aside the conviction of Khandakar Mezbahul Alom in a case registered under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The judgment was delivered on 23 June 2026 by Justice Michael Zothankhuma and Justice Rajesh Mazumdar in Criminal Appeal No. 319…
Gram Pradhan Election Challenge Cannot Be Dismissed Merely Due to Defect in Affidavit; Such Defect Can Be Cured: Uttarakhand High Court
The Uttarakhand High Court has refused to dismiss an election petition filed against the election of a Gram Pradhan and has held that a defect in the supporting affidavit is a curable defect. The Court ruled that such a deficiency cannot by itself result in rejection of an election petition at the initial stage. The…
Election Petition Cannot Be Rejected Under Order VII Rule 11 CPC Merely Due to Defects in Accompanying Affidavit: Uttarakhand High Court
The Uttarakhand High Court has held that the requirement of filing an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is not mandatory in a strict sense and substantial compliance with the legal requirement is sufficient. The Court further ruled that any defect in such an…
POCSO Conviction for Assault on 6-Year-Old Girl Upheld; False Implication Defence Rejected: Gauhati High Court
The Gauhati High Court has upheld the conviction of Pulak Deka in a case relating to the sexual assault of a six-year-old girl and dismissed his criminal appeal. The Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar found no reason to interfere with the conviction recorded by the trial court…
Preventive Detention Order Quashed; Fixing Time Limit for Making Representation Violates Article 22(5) of the Constitution: Manipur High Court
In a significant judgment protecting the constitutional rights of persons detained under preventive detention laws, the Manipur High Court has held that authorities cannot prescribe any time limit for a detenu to submit a representation against a detention order. The Court ruled that such a restriction violates the…
Conviction Cannot Rest Solely on 'Last Seen' Evidence Without a Complete Chain of Circumstances; Man Acquitted in 1986 Murder Case: Allahabad High Court
The Allahabad High Court has acquitted Sunil Kumar, the sole surviving appellant in a murder case dating back to 1986, holding that the theory of "last seen together" is a very weak type of evidence and cannot by itself form the basis of conviction. The Court observed that in cases based on circumstantial evidence,…
Courts Cannot Award Compensation Without a Specific Plea; Order in Property Encroachment Dispute Set Aside: Supreme Court
The Supreme Court has delivered an important judgment in a long-running property dispute, holding that courts cannot force a litigant to accept monetary compensation when such relief was never sought in the case. The decision came in the matter of Rajat Kumar and Others v. S.D. Adarsh Jain Kanya Mahavidyalaya,…
Negotiable Instruments Act: Cheque Bounce Acquittal Appeal Transferred to Sessions Court, Complainant's Victim Rights Recognised: Gujarat High Court
The Gujarat High Court has passed an important order regarding appeals in cheque dishonour cases under the Section 138 of the Negotiable Instruments Act, 1881. The Court held that in view of recent Supreme Court rulings, a complainant in a cheque bounce case is to be treated as a victim and can file an appeal before…
Electricity Company Absolutely Liable in Electrocution Death Case, Cannot Escape Liability by Blaming Deceased's Negligence: Gujarat High Court
The Gujarat High Court has delivered an important judgment regarding compensation in electrocution death cases and clarified the responsibility of electricity transmission companies. The Court held that when electricity transmitted through power lines causes injury or death to a person who unknowingly comes into…
