Showing 1939 articles
Dowry FIR Quashed as Retaliatory After Husband’s Second Marriage: High Court of Jammu & Kashmir
This news relates to an important judgment passed by the Jammu & Kashmir and Ladakh High Court, where the Court strongly commented on the misuse of criminal law in matrimonial disputes. The Court observed that criminal provisions, especially Section 498-A IPC, should not be used as a pressure tactic after marital…
High Court Upholds Conviction in Rs. 12.5 Lakh Cheque Bounce Case, Debates Responsibility Between Father and Son in Loan Repayment Dispute - High Court of Karnataka
Background of the Case The High Court of Karnataka in Bengaluru, in its recent ruling, dismissed a Criminal Revision Petition filed by Sri Subramanyam K., challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881. This section deals with the dishonor of cheques due to insufficient funds. The…
Working Mothers Cannot Be Compelled to Overburden Themselves While Fathers Evade Childcare Responsibility: Delhi High Court
The Delhi High Court has clarified that a working mother seeking maintenance for her minor children cannot be seen as misusing maintenance laws or acting out of entitlement. The Court emphasized that custodial mothers bear a dual responsibility of earning and providing day-to-day care for their children, and fathers…
Stamp Duty Cannot Be Levied on Lease Agreement by Imputing Intention to Create Lease in Future: Bombay High Court
The Bombay High Court has delivered an important judgment clarifying that stamp duty cannot be imposed on an agreement to lease by assuming that it creates a lease in future. The Court made it clear that unless a document creates a present demise of immovable property, it cannot be treated as a lease for the purpose…
State Directed to Ensure 100% Voluntary Blood Collection and Establish Blood Component Separation Units in All Districts Within Three Months: Jharkhand High Court
The Jharkhand High Court has issued wide-ranging and time-bound directions to the State Government to ensure that 100% of blood collection is secured through voluntary blood donation drives and to establish Blood Component Separation Units (BCSUs) in every district of Jharkhand within a period of three months. A…
Use of Look-Out Circulars for Recovery of Maintenance Dues Is Illegal: Karnataka High Court
The Karnataka High Court has held that Family Courts do not have the power to issue a Look-Out Circular for recovery of unpaid maintenance and that such action amounts to overstepping jurisdiction. Justice Lalitha Kanneganti, while deciding a writ petition, made it clear that enforcement of maintenance orders is a…
High Court Overturns Conviction in Major Cheque Bounce Case After Parties Reach Unexpected Settlement, Acquitting Accused Without Any Costs – High Court of Punjab and Haryana
Introduction to the Case In a recent decision by the High Court of Punjab and Haryana at Chandigarh, three revision petitions were filed, challenging the conviction and sentence of a petitioner accused of dishonouring a cheque under Section 138 of the Negotiable Instruments Act, 1881. The case involved M/s Phosphate…
₹20 Lakh Cost Imposed on State for Illegal Demolition and Ex Parte Mutation of Revenue Records: Allahabad High Court
Passing an order during court vacations, the Allahabad High Court has imposed a cost of ₹20 lakhs on the State of Uttar Pradesh for illegally demolishing a structure standing on the petitioner’s land and for passing an ex-parte order mutating revenue records without notice. The Court held that the actions of the State…
Stepfather’s POCSO Conviction Upheld; Court Notes Child May Have Resiled from Testimony Fearing Loss of Shelter: Delhi High Court
The Delhi High Court has upheld the conviction and 20 years sentence of a stepfather under Section 6 Protection of Children from Sexual Offences Act 2012, observing that a child victim may retract from her testimony due to fear of losing shelter, financial stability, and pressure to preserve the family unit when the…
High Court Grants Acquittal in Cheque Bounce Case After Unexpected Settlement, Cancels Conviction and Reduces Sentence for Petitioner – Himachal Pradesh High Court
Background of the Case The High Court of Himachal Pradesh recently dealt with a case involving Ramesh Chand (the petitioner) and LIC Housing Finance Ltd. (the respondent). The case centered around an offence under Section 138 of the Negotiable Instruments Act, which deals with the dishonour of a cheque. The petitioner…
