Showing 8276 articles
Cause of Action Arises from Clear Refusal to Perform Contractual Obligations, Not Mere Non-Performance: Calcutta High Court
In a recent judgment, the High Court addressed a significant case involving the Arbitration and Conciliation Act, 1996 and issues of limitation under the Limitation Act in the context of a construction contract dispute. The case revolves around the dispute between a Petitioner and Respondents who failed to perform…
Individual Hardship No Ground to Challenge Vires; State Law Fixing Private School Fee Structure Upheld: Chhattisgarh High Court
The Chhattisgarh High Court recently upheld the constitutional validity of the Chhattisgarh Non-Government Schools Fees Regulation Act, 2020 and the corresponding Chhattisgarh Non-Government Schools Fees Regulation Rules, 2020. The challenge against these laws was based on the claim that they unduly restricted the…
Stay on Single Judge’s Order Directing Suspension of DySP for Not Filing Final Report: Madras High Court
The Madras High Court, in a crucial interim relief, has stayed the suspension order passed by a single judge against a Deputy Superintendent of Police (DySP) S. Sunil, who was faulted for failing to file a final report in a criminal case. The stay was granted by a division bench comprising Justice M.S. Ramesh and…
Convict Not Entitled to Emergency Leave to Care for Pregnant Wife: Kerala High Court
In a significant ruling under Article 226 of the Constitution of India, the Kerala High Court refused to grant emergency leave to a life convict, rejecting his wife’s plea that he be allowed temporary release to care for her during a high-risk pregnancy. The Court emphasized the importance of considering victim rights…
Wife of Deceased Nephew Not a 'Relative', Not Bound to Maintain Senior Citizen Merely for Inheriting Property: Kerala High Court
In a significant interpretation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Kerala High Court has ruled that a person cannot be compelled to maintain a childless senior citizen unless that person qualifies as a legal heir under applicable personal law. This clarifies a crucial legal…
CJI Has Authority to Recommend Judge’s Removal While Forwarding In-House Inquiry Report to President & PM: Supreme Court
The Supreme Court of India recently dismissed a writ petition filed by Justice Yashwant Varma, a sitting judge of the Allahabad High Court, who challenged the validity of the in-house committee report indicting him in an unaccounted cash controversy. Justice Varma sought to contest the recommendation made by the Chief…
Shocking Allegations, Adultery, and Arson End 29-Year Marriage: Patna High Court
The Patna High Court recently upheld a divorce decree granted by the Family Court in a case involving Kumari Sangita Ray @ Sangita Devi and Rajiv Ranjan @ Bablu, under Section 13(1) of the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion. The couple was married on 21 June 1996 according to Hindu…
'One More Order from Allahabad HC That Disappoints Us': Supreme Court on High Court Ignoring Law on Sentence Suspension
The Supreme Court of India has once again expressed its serious concern over the Allahabad High Court’s handling of sentence suspension applications, particularly in cases involving fixed-term sentences. In a strongly worded judgment, the apex court set aside an order passed by the High Court, stating that it failed…
Recording Adverse ACR Against Government Employee During COVID Medical Leave Is Arbitrary: Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir High Court, in a significant judgment upholding natural justice and administrative fairness, quashed a “below average” Annual Confidential Report (ACR) recorded against a government employee, observing that the said entry was made during a period when the petitioner was on sanctioned medical leave…
Party Delayed Written Statement Filing, Yet Trial Court Unfairly Blamed for Delay in Case Disposal: Jharkhand High Court
The Jharkhand High Court, in a significant ruling under Article 227 of the Constitution of India, dismissed a petition filed by Ganesh Prasad Gupta and Meera Gupta, who sought to challenge orders passed in a long-standing civil title suit. The Court ruled that the petition was barred by the doctrine of res judicata,…
