Showing 8284 articles
'Ziyarat' Considered “Wakaf By Usage” Doesn’t Require Official Declaration For Wakaf Recognition: Jammu & Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh has ruled that religious sites such as Ziyarats and Dargahs fall under the category of "Wakaf by user" as defined under Section 3(d)(i) of the Jammu & Kashmir Wakafs Act, 1978, and do not require formal declaration or Gazette notification to be considered Wakaf. This…
Judgment In POCSO Case Put On Hold As Trial Court Asked To Ascertain Accused's Juvenility First: Meghalaya High Court
The Meghalaya High Court has suspended a conviction under Section 3(a)/4 of the POCSO Act and directed the Trial Court to first determine whether the accused was a juvenile at the time of the alleged offence. The division bench comprising Justice W. Diengdoh and Justice B. Bhattacharjee passed this order while hearing…
Doctrine Of Res Judicata Enforceable Even At Various Phases Of Identical Litigation: Supreme Court
The Supreme Court recently clarified that the principle of res judicata not only applies to different cases but also to different stages within the same case. The Court upheld the Kerala High Court’s decision, which dismissed the appellant’s application under Order 1 Rule 10 of the Civil Procedure Code (CPC). The…
Divorce Refused Due To Spousal Fraud, Woman’s Entitlements Under Hindu Marriage Act Sustained: Calcutta High Court
This case involves a divorce petition filed under the Hindu Marriage Act, 1955, where the husband sought divorce on grounds of mental cruelty and desertion by the wife. The husband alleged that the wife repeatedly filed false legal complaints against him, including under Section 498A IPC, Domestic Violence Act, and…
Fleeing Alone Doesn’t Establish Culpability But Remains Admissible Behaviour Under Section 8 Of Evidence Act: Supreme Court
Supreme Court Observes Absconding is Relevant but Not Conclusive Evidence of Guilt The Supreme Court recently clarified that absconding by itself does not prove a person’s guilt. However, it is a relevant fact under Section 8 of the Indian Evidence Act, 1872, because it shows the conduct of the accused and may suggest…
Man Held As ‘Sexual Offender’ Freed Over One FIR, Court Criticizes PASA Misapplication: Gujarat High Court
The Gujarat High Court on 13 June 2025 set aside a preventive detention order against Mohammad Arbaz S/O Mohammad Yusuf Mansuri, who was detained by the Police Commissioner, Surat under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA). The detention order was issued on 10 May 2025, labelling the…
Aadhaar Act’s Punitive Clauses Inapplicable Retroactively Without Explicit Mandate Due To Article 20(1) Constraint: Calcutta High Court
The Calcutta High Court, through Justice Uday Kumar, has ruled that the penal provisions of the Aadhaar Act, 2016 cannot be applied to offences committed before the Act came into force. The Court held that doing so would amount to a violation of Article 20(1) of the Constitution of India, which prohibits retrospective…
ED Summons To Senior Advocate Arvind Datar Sends Disturbing Signal To Legal Fraternity, Says SCAORA
The Supreme Court Advocates-on-Record Association (SCAORA) has strongly objected to the Enforcement Directorate’s (ED) issuance of a summons to Senior Advocate Arvind Datar, calling the move “unwarranted” and warning of its broader consequences on the independence of the legal profession and the constitutional right…
Daily-Wage And Temporary Employees Should Be Included In Assessing Applicability Of Gratuity Act: Calcutta High Court
The Calcutta High Court, in a recent judgment delivered by Justice Shampa Dutt (Paul), upheld the entitlement of Rejaul Hoque, a retired employee of Midnapur District Service-cum-Marketing & Industrial Cooperative Union Ltd., to receive gratuity under the Payment of Gratuity Act, 1972. The Court held that the Union…
Delay Alone Not A Bar To Arbitration If Clause Remains Active And Enforceable: Telangana High Court
The Telangana High Court has appointed an arbitrator under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, in a case involving delayed execution and eventual termination of a contract by the Signal and Telecommunications Department of South Central Railway. The applicant had approached the Court…
