Showing 1939 articles
Compassionate Appointment Not a Right; Applicant’s Marital Status, Family Income and Dependency Are Relevant Factors: Punjab & Haryana High Court
The Punjab and Haryana High Court has reiterated that compassionate appointment is not a vested or enforceable right but a concession, granted only to alleviate immediate financial hardship faced by the family of a deceased government employee. The Court clarified that such appointments must strictly conform to the…
Civil Suits Barred Against Loan Recovery Actions under SARFAESI Act; Civil Court Jurisdiction Explained: Delhi High Court
Shri Ram Housing Finance Ltd approached the Delhi High Court by filing a revision petition under Section 115 of the Code of Civil Procedure, 1908. The challenge was against an order passed by the Trial Court at Patiala House Courts, Delhi, which had refused to reject a civil suit filed by Roshini Devi. The judgment…
Limitation Is a Triable Issue in Specific Performance Suits When Plaint Pleads Supplementary Agreement Extending Timeline: Allahabad High Court
The Allahabad High Court, Lucknow Bench, has delivered an important judgment explaining when a suit for specific performance can be rejected at the initial stage on the ground of limitation. The Court clarified the interpretation of Article 54 of the Limitation Act, 1963 while dealing with an application under Order…
SEBI Cannot Rely on ‘Intrinsic’ Investigation Report Without Furnishing Copy to Accused: Delhi High Court
The Delhi High Court has ruled that the Securities and Exchange Board of India cannot withhold its investigation report from an accused when that report forms the foundation of the decision to prosecute. The Court emphasized that denying such material violates the accused’s right to a fair trial under Article 21 of…
Dowry Harassment FIR Quashed Following Amicable Settlement Between Husband and Wife: Delhi High Court
The Delhi High Court has exercised its inherent powers under Section 528 Bharatiya Nagarik Suraksha Sanhita to quash a criminal case arising out of a matrimonial dispute. The Court held that once parties have amicably settled their differences and dissolved their marriage by mutual consent, continuation of criminal…
Sentence Suspension Declined; Life Imprisonment in Unnao Rape Case Reaffirmed Amid Legal Debate: Delhi High Court
The Delhi High Court has refused to suspend the life sentence of former MLA Kuldeep Singh Sengar in the infamous Unnao rape case, citing the grave nature of the offence and serious concerns regarding the safety of the survivor. The Court held that no exceptional circumstances were made out to justify suspension of…
Baseless Claims Cannot Discredit Documents Issued by Competent Authorities; Court Reiterates Need for Specific Pleadings in Fraud Cases: High Court of Jammu & Kashmir and Ladakh
he High Court of Jammu & Kashmir and Ladakh has reiterated that vague and sweeping allegations of fraud, unsupported by material particulars, cannot render official documents unreliable or justify judicial interference. The Court emphasized that litigants alleging fraud must plead full and specific details supported…
Suicide Abetment FIR Quashed as Illicit Affair Allegations Found Baseless: Bombay High Court
The Nagpur Bench of the Bombay High Court has delivered an important judgment clarifying when allegations of abetment of suicide justify criminal prosecution. The Court quashed a First Information Report and criminal proceedings against Swati D/o Himmat Anbhore, holding that mere suspicion or alleged relationship is…
Cheque Dishonour Leads to Criminal Conviction: High Court Upholds Legal Liabilities Under NI Act - Himachal Pradesh High Court
Introduction to the Case: In a significant legal ruling, the High Court addressed a case related to the dishonour of a cheque under Section 138, Negotiable Instruments Act (NI Act). The case revolved around the failure to honour a cheque due to insufficient funds and the subsequent legal implications under the NI Act.…
Presence of a Capable Parent Bars Application of ‘Child in Need of Care and Protection’ under JJ Act: High Court of Jammu & Kashmir and Ladakh
The Jammu and Kashmir High Court has held that a child who is being properly cared for by her parent cannot be treated as a child in need of care and protection under the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court set aside the order passed by the Child Welfare Committee, Srinagar, holding…
