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Plea by Minor Rape Victim's Father to Terminate Pregnancy Declined, Citing Her Unwillingness and Unborn Child's Right to Life: Rajasthan High Court
In a significant judgment, the Rajasthan High Court rejected a petition filed by a father seeking the termination of his minor daughter's pregnancy under the Medical Termination of Pregnancy Act, 1971. The father claimed that his daughter had been raped and requested medical termination of her 22-week-old pregnancy.…
Serving Order on Chartered Accountant Doesn’t Qualify as Service on Assessee: Bombay High Court
In a significant ruling under the Income Tax Act 1961, the Bombay High Court has addressed an important issue related to the service of orders by the Income Tax Appellate Tribunal (ITAT) and the filing of appeals after the prescribed limitation period. The case revolves around the limitation period for filing an…
Denying Maternity Leave to Contractual Employee Violates Article 14: Punjab & Haryana High Court
The Punjab and Haryana High Court, in a landmark judgment, has ruled that contractual employees are entitled to maternity leave under the Maternity Benefit Act, 1961, and denying them such benefit would violate the constitutional guarantee of Article 14 which ensures equality before the law. Background of the case The…
Court Outlines Plan to Address Two Major Causes of Delay in Criminal Trials: Madras High Court
The Madras High Court recently directed trial judges in Tamil Nadu to promptly take chargesheets filed by the police into record and ensure the execution of Non-Bailable Warrants (NBWs) without delays. Justice P Velmurugan passed the order while addressing a series of cases in which the delay in processing…
Remarks on Wife's Cooking and Clothing Not Cruelty Under Section 498A IPC: Bombay High Court
The Bombay High Court recently delivered a significant ruling concerning Section 498A of the Indian Penal Code (IPC), addressing the allegations of cruelty made by a woman against her husband and his family members. The case involved a woman who filed a criminal case under Section 498A against her husband, his…
Advisory Board Under PITNDPS Act Can't Decide Detenue's Representation; Final Decision Rests with Government: Jammu & Kashmir and Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has strongly criticized the Advisory Board constituted under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act) for exceeding its statutory powers, while quashing a preventive detention order that violated the fundamental…
'Defrauding Unsuspecting Users': John Doe Injunction Granted Over Trademark Infringement of Share Market App 'INDmoney': Delhi High Court
The Delhi High Court has passed a john doe interim injunction restraining rogue websites and mobile applications from infringing the trademark of INDmoney, a popular share market and financial services app. Justice Manmeet Pritam Singh Arora observed prima facie that the defendants were making unauthorized use of the…
Lucknow Development Authority Fined ₹50K for Trespassing on Private Property: Allahabad High Court
The Allahabad High Court has imposed a cost of Rs. 50,000 on the Lucknow Development Authority (LDA) for illegally trespassing on private property and dispossessing the petitioner without any legal sanction. The court directed the LDA to restore the possession of the petitioner’s shop immediately. Background Of The…
S.156(3) CrPC | Failure to File Affidavit with Complaint Is a Fatal Procedural Defect: Orissa High Court
The Orissa High Court has held that failure to file an affidavit supporting the contents of a complaint under Section 156(3) of the Criminal Procedure Code (CrPC) is a fatal procedural defect that vitiates the entire criminal proceeding. The Court emphasized that such omission renders the initiation of criminal action…
Juvenile Over 16 Accused of 'Heinous Offence' Also Entitled to Bail Under Section 12 of JJ Act: Patna High Court
The Patna High Court has granted bail to a juvenile accused of sexually assaulting a minor girl, underscoring the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which mandates the granting of bail to juveniles without discrimination. The Court observed that the…
