Showing 8236 articles
Inherently Determinable Contracts Cannot Be Specifically Enforced, Nor Can Interim Injunctions Protect Them: Bombay High Court
The Bombay High Court has held that a contract which is inherently determinable cannot be specifically enforced and an interim injunction cannot be granted merely to protect obligations arising from such a contract. Justice Aarti Sathe observed that when the terms of an agreement itself provide for termination without…
Judgment Debtor's Wife's Personal Properties Cannot Be Attached Even If Gifted to Her to Defeat Decree Holder's Claim: Kerala High Court
The Kerala High Court has held that the personal properties belonging independently to the wife of a judgment debtor cannot be directly attached in execution proceedings merely because she knew that her husband had transferred property to her with an intention to defeat the decree holder's claim. Justice Easwaran S.…
Father Not Responsible for Child's Care Cannot Be Prosecuted for Cruelty Under Juvenile Justice Act Over Non-Payment of Maintenance: Kerala High Court
The Kerala High Court has quashed criminal proceedings against a father who was working abroad and was accused of abandoning and neglecting his minor son by allegedly failing to provide for his basic needs and maintenance. Justice Jobin Sebastian held that the offence under Section 75 of the Juvenile Justice (Care and…
Extent of Demolition and Compensation for Building Partly on Government Land Must Be Decided by Civil Court: Gauhati High Court
Gauhati High Court Says Civil Court Must Decide Demolition Damage and Compensation When was damaged during a government eviction drive, the exact extent of demolition and the amount of compensation payable for such damage involves questions of fact and evidence. Such issues cannot ordinarily be decided in writ…
Cheque Bounce Case Against Director Quashed, Mere Designation Insufficient to Attract Liability Under Section 141 of Negotiable Instruments Act: Calcutta High Court
The Calcutta High Court has quashed criminal proceedings against Sanjeeva Shukla @ Sanjiv Shukla in a cheque dishonour case, holding that a person cannot be prosecuted merely because he holds the position of a Director in a company. The judgment was delivered by Justice Shampa Dutt (Paul) on August 28, 2026, in a…
Stepfather’s Name Permitted in Child’s Birth Certificate, Biological Father’s Name Not Necessary in Today’s World: Calcutta High Court
The Calcutta High Court has directed the municipal authorities to issue an addendum to a minor child's birth certificate incorporating the name of his stepfather and consequentially altering the child's surname, holding that the change was necessary in the best interest of the minor child. Justice Raja Basu Chowdhury…
FIR Against Man Who Brandished Sword During Mob Confrontation Quashed, ₹10,000 Costs Imposed: Bombay High Court
The Bombay High Court has quashed a 2015 FIR and all consequential proceedings against a man who, as a 19-year-old Class XII student, had brandished a sword when confronted by a group of around 15–20 people. Justice Milind N. Jadhav held that the circumstances surrounding the incident had to be considered, taking into…
Devaswom Board’s Power to Assume Management of Religious Institution Is ‘Not Unfettered’: Kerala High Court
The Kerala High Court has ruled that the power of the Cochin Devaswom Board to assume management of a religious institution under the Travancore Cochin Hindu Religious Institutions Act, 1950 is not an unrestricted power. The Court held that any such action must be taken only in the circumstances and through the…
70-Year-Old Property Owner Directed to Approach Civil Court, Government Asked to Reconsider Harsh Ad Valorem Court Fee System: Allahabad High Court
The Allahabad High Court has observed that imposing court fees at ad valorem rates in civil proceedings can be harsh and has recommended that the government consider easing the burden. The observation came while the Court was hearing a petition filed by Laxmikant Aggarwal, a 70-year-old man who alleged encroachment…
Man’s Arrest Before Expiry of BNSS Notice Deadline Declared Illegal, Police Directed to Pay ₹3 Lakh Costs: Karnataka High Court
The Karnataka High Court has declared illegal the arrest of a man who was taken into custody by Whitefield Police despite having been served a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), requiring him to appear for investigation two days later. Justice M. Nagaprasanna further directed…
