Showing 1938 articles
Working Mother’s Contribution Beyond Money, Father Directed to Pay Higher Maintenance, Child Support Doubled: Bombay High Court
The Bombay High Court Nagpur Bench on 18 April 2026 delivered a significant judgment on child maintenance, emphasizing that a child has the right to live with dignity according to the financial status of both parents. The judgment was delivered by Justice Urmila Joshi-Phalke, enhancing the maintenance amount in favour…
Clause Stating ‘Can Be Settled by Arbitration’ Does Not Create Mandatory Obligation to Arbitrate: Supreme Court
The Supreme Court of India on 17 April 2026 delivered a significant judgment clarifying the legal requirement of a valid arbitration agreement. The bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh held that the use of the word “can” in an arbitration clause does not create a binding obligation to…
‘Deplorable’ Detention Order Passed After 10 Months of Arrest Without Application of Mind: Allahabad High Court
The Allahabad High Court in its judgment dated 17 April 2026 strongly criticised the functioning of detaining authorities while deciding a habeas corpus petition. The bench comprising Justice Siddhartha and Justice Vinai Kumar Dwivedi termed the condition of the criminal justice system as “deplorable” due to repeated…
Father Forcibly Taking Custody of Child Not ‘Illegal Detention’ Unless It Violates Court Order: Allahabad High Court
The Allahabad High Court delivered a significant judgment on 17 April 2026, clarifying the legal position regarding child custody disputes between parents. The case involved a mother alleging illegal detention of her children by the father. The bench of Justice Anil Kumar-X dismissed the petition and explained the…
Landlord’s Bona Fide Need to Be Assessed as on Date of Eviction Petition Unless Subsequent Events Cause Material Change: Supreme Court
The Supreme Court of India has clarified an important principle relating to eviction disputes and landlord rights. The Court held that determination of bona fide need in eviction matters must be assessed on the date of filing of the eviction petition, unless later developments materially change the situation.…
Principles Laid Down for Quashing POCSO Cases Where Victim Denies Harm Due to Consensual Relations and Marriage: Delhi High Court
The Delhi High Court, while exercising its powers under Section 482 Code of Criminal Procedure, 1973, laid down important principles governing quashing of criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court examined whether prosecution can continue when the de…
Abetment to Suicide Case Quashed, No Proof of Instigation or Intent Against Accused: Supreme Court
The Supreme Court delivered a crucial judgment under Section 306 Indian Penal Code clarifying the law on abetment of suicide. The Court held that mere allegations, suspicion, or moral wrongdoing cannot justify criminal prosecution unless there is clear evidence of instigation and intention to drive a person to commit…
Can Government Employee Consent to Recovery of Dues from Death-Cum-Retirement Gratuity? Matter Referred to Division Bench: Kerala High Court
The Kerala High Court has raised an important legal question under Section 60 Code of Civil Procedure, 1908 and Rule 124 Kerala Service Rules regarding whether a co-operative society can recover loan dues from the Death-Cum-Retirement Gratuity of a retired government employee even when law provides protection against…
‘Youth Thrusting Religion on Others a Disturbing Trend’ Relief Denied to School Girl in Anti-Conversion FIR: Allahabad High Court
The Allahabad High Court delivered a significant ruling under the UP Prohibition of Unlawful Conversion of Religion Act, 2021, refusing to quash an FIR filed against two Class XII students accused of attempting to force their classmate to adopt religious practices and convert her religion. The Court emphasized that…
SOP Issued Mandating Strict Timeline Framework for Filing Legal Aid Appeals: Supreme Court
The Supreme Court of India issued a landmark judgment introducing a comprehensive Standard Operating Procedure (SOP) to address delays in legal aid appeals. The Court emphasized that timely justice is a core part of Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.…