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Cheque Issued Within Limitation Can Extend Limitation, But Accused Acquitted After Complainant Fails to Prove ₹50 Lakh Loan: Himachal Pradesh High Court
The Himachal Pradesh High Court has dismissed an appeal filed by Veena Devi against the acquittal of Prakash Vashisht in a cheque dishonour case involving a claimed loan of ₹1,50,000. Justice Rakesh Kainthla held that although the trial court was not correct in treating the complaint as time-barred, the acquittal was…
Man Acquitted in 2009 Child Rape Case as Medical and Forensic Evidence Failed to Support Prosecution Case: Supreme Court
The Supreme Court has acquitted Ram Singh in a 2009 case involving the alleged rape of a four-and-a-half-year-old child, holding that the prosecution evidence was not sufficient to establish guilt beyond reasonable doubt. A bench comprising Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the judgment of…
Imposes ₹25,000 Costs on Litigant for Seeking Case Transfer Based on Trial Judge's Oral Comments: Delhi High Court
Delhi High Court Imposes ₹25,000 Costs for Seeking Transfer of Case Based Merely on Trial Judge's Oral Remarks Transfer Petition Filed Over Apprehension of Judicial Bias The Delhi High Court has imposed costs of ₹25,000 on a litigant who sought transfer of a pending civil suit from the Karkardooma district court on…
Time Spent in Winding Up Proceedings Cannot Be Excluded Under Section 14 of Limitation Act for Filing Recovery Suit: Supreme Court
The Supreme Court has ruled that the period spent by a party pursuing winding-up proceedings cannot automatically be excluded while calculating limitation for a later money-recovery suit under Section 14 of the Limitation Act, 1963. The Court held that a winding-up proceeding and a civil suit for recovery of money…
Maharashtra Government Directed to Review RTE Reimbursement Mechanism and Prescribe Timelines Amid Delays: Bombay High Court
Bombay High Court Directs Maharashtra Government to Review RTE Reimbursement System: Section 12(2) Claims Cannot Remain Pending for Years RTE Act Is Beneficial Social Welfare Legislation The Bombay High Court has directed the Maharashtra Government to undertake a comprehensive review of the existing system for…
West Bengal Medical Education Service Members Not Entitled to Claim Voluntary Retirement: Calcutta High Court
The Calcutta High Court has held that members of the West Bengal Medical Education Services cannot claim voluntary retirement under the West Bengal Service Rules (WBSR) because Rule 75(aaaa) specifically excludes members of the Medical Education Services from the voluntary retirement facility. A Division Bench…
Maharashtra Government Cannot Delegate Power to Refer Journalist Wage Disputes to Labour Courts: Bombay High Court
The Supreme Court has held that the Maharashtra Government could not delegate its statutory power to refer disputed wage claims of journalists and other newspaper employees to Labour Courts under Section 17(2) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions…
DNA Report Confirmed Biological Parents, Yet CWC Declared Child 'Abandoned'; Adoption Quashed: Calcutta High Court
The Calcutta High Court has set aside an order of the Child Welfare Committee (CWC) declaring a newborn child abandoned and the child's biological parents incapacitated to take custody. The Court held that the CWC had failed to follow the mandatory procedure prescribed under the Juvenile Justice (Care and Protection…
Waqf Board’s Power to Appoint Mutawallis Dispute Settled by Full Bench: Madras High Court
The Madras High Court has clarified an important question concerning the appointment of Mutawallis in waqfs governed by an existing deed, court decree, judicial order or scheme of management. A Full Bench held that the Tamil Nadu Waqf Board cannot use its general powers under Section 32 of the Waqf Act, 1995 to…
Voter List Entry Showing Spouse's Name Not Proof of a Valid Hindu Marriage: Patna High Court
The Patna High Court has held that merely showing a person's name as a spouse in a voter list is not enough to establish that a valid Hindu marriage took place. When the existence of a marriage is specifically disputed, the person claiming to be the legally wedded spouse must produce convincing evidence that the…
