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Physically Disabled Accused On Bail May Appear Virtually For Judgment Pronouncement By JMFC: Kerala High Court
In a significant ruling on January 27, 2025, the High Court of Kerala has granted relief to Chinnamma George, an elderly woman aged 86, accused in a criminal case involving the offense under Section 420 of the Indian Penal Code (IPC). The case, originating from Crime No. 1731 of 2014 registered at Palluruthy Police…
Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Scope & Application Of Criminal Writ Petitions Clarified: Kerala High Court
In a significant ruling, the Kerala High Court has clarified the distinction between Writ Petitions (Civil) and Writ Petitions (Criminal) under Article 226 and Article 227 of the Constitution of India. The Division Bench, comprising Chief Justice Nitin Jamdar and Justice S. Manu, has emphasized that petitions which…
Prospective Home Buyers Also Entitled To Seek Remedies Under RERA: Punjab & Haryana High Court
In a significant judgment, the Punjab & Haryana High Court has clarified that homebuyers who have deposited money for a project, even if it is prospective, can file complaints before the Real Estate Regulatory Authority (RERA) for the redressal of grievances. This decision came after a petition was filed challenging…
In Case Of Ambiguity In Arbitration Agreement, Business Efficacy Test May Be Used To Determine Parties’ Intent: Bombay High Court
In a significant ruling, the Bombay High Court has provided clarity on resolving ambiguities in arbitration provisions under the Arbitration and Conciliation Act, 1996. The court emphasized the application of the business efficacy test when an agreement is unclear on the parties' intent to arbitrate. Case Background:…
Absence Of Family Courts In All Districts, Shorter 30-Day Appeal Period Under FC Act Compared To 90 Days Under HMA May Prejudice Litigants: Gauhati High Court
The Gauhati High Court recently allowed an application for condonation of a 21-day delay in filing an appeal against a family court's order, noting that the delay, though beyond the prescribed 30-day limitation period under the Family Courts Act, 1984, was not "inordinate" and should not bar the appeal. Case Details:…
![[POCSO Act] Bail Granted To Man Accused Of Sexually Abusing Granddaughter As His Custody Was Causing Her Further Trauma: Kerala High Court](https://law4u.in/newsImage-location/newsImage4063.webp)
[POCSO Act] Bail Granted To Man Accused Of Sexually Abusing Granddaughter As His Custody Was Causing Her Further Trauma: Kerala High Court
In a noteworthy decision, the Kerala High Court granted bail to an accused under the Protection of Children from Sexual Offences (POCSO) Act, considering the extraordinary circumstances involving the victim's psychological trauma. The accused was the step-grandfather of the victim, and the court found that his…
Woman Eligible For Surrogacy At 23 And Loses Eligibility A Day Before Turning 50: Kerala High Court
In a recent ruling, the Kerala High Court addressed the issue of age limits for women seeking surrogacy under the Surrogacy (Regulation) Act, 2021. The Court ruled that women can only apply for an eligibility certificate for surrogacy if they are between the ages of 23 to 50 years, and cannot extend this age limit to…
Hindu’s Marriage With Non-Hindu Foreigner Must Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras High Court
In a landmark ruling, the Madras High Court observed that a marriage between a Hindu person and someone from another religion cannot be celebrated under the Hindu Marriage Act, 1955, as the law requires both parties to the marriage to be followers of the Hindu faith. The bench, consisting of Justice RMT Teekaa Raman…
Adoptive Parents Cannot Meet Child In Person, Must Receive Child Study & Medical Reports For Preference: Kerala High Court
In a significant decision, the Kerala High Court has emphasized the rights of prospective adoptive parents under the Juvenile Justice (Care and Protection of Children) Act, 2015. The court's ruling mandates that the Child Study Report and Medical Examination Report must be shared with prospective adoptive parents to…
Award Cannot Be Overturned If No Objections Were Raised Before Arbitrator Or Court Under Section 12(5) Of Arbitration Act: Delhi High Court
In a significant ruling, the Delhi High Court dismissed an appeal challenging the appointment of an arbitrator, emphasizing that objections regarding the arbitrator’s appointment cannot be raised later in proceedings, especially when no such objections were made during the arbitration process or under Section 34 of…
