Showing 8242 articles
Wrong Cheque Details Explained to Accused Vitiated Trial; Jail Term Set Aside, ₹3 Lakh Compensation Upheld: Calcutta High Court
The Calcutta High Court has partly allowed a criminal revision petition filed by Shri Sudipta Ghosh, setting aside the six-month jail sentence imposed in a cheque dishonour case after finding a serious procedural defect during the criminal trial. However, the Court upheld the direction to pay ₹3 lakh as compensation…
Love Marriage Makes Dowry Demand Allegation Prima Facie Difficult to Believe; Husband Granted Bail: Karnataka High Court
The Karnataka High Court has granted regular bail to the accused husband in an alleged dowry death case while observing that the marriage between the accused and the deceased was a love marriage performed with the consent of both families. The Court held that, at the present stage of considering the bail application,…
Refund Clause in Agreement to Sell Does Not Bar Purchaser's Right to Seek Specific Performance: Supreme Court
The Supreme Court of India has ruled that a clause in an agreement to sell providing for refund of earnest money in case of non-execution of the sale deed does not automatically release the seller from the obligation to complete the sale. The Court held that a buyer can still seek specific performance of the contract…
All States and Union Territories Directed to Frame Compassionate Release Policy for Elderly and Terminally Ill Prisoners Within Three Months: Supreme Court
The Supreme Court of India has delivered a significant judgment protecting the constitutional right to live with dignity by directing every State and Union Territory to formulate a comprehensive policy for the early or compassionate release of elderly and terminally ill prisoners within three months. The Court held…
City Civil Court Can Hear Section 6 Specific Relief Act Possession Suit Despite Licensor-Licensee Relationship: Bombay High Court
The Bombay High Court has held that a suit filed under Section 6 of the Specific Relief Act for restoration of possession cannot automatically be transferred to the Small Causes Court merely because the parties share a licensor-licensee relationship. The Court ruled that the real nature of the suit and the relief…
Son Who Poured Acid on Father Not Entitled to Probation; Conviction Upheld, Trial Court's Leniency Criticised: Allahabad High Court
The Allahabad High Court has upheld the conviction of Razzak under Section 326 of the Indian Penal Code for causing grievous acid burn injuries to his father Gulam Husain. While dismissing the criminal appeal, the Court observed that the evidence available in the case was serious enough to justify consideration of an…
Freedom of the Press Must Be Protected, but Irresponsible Journalism Cannot Be Shielded; Bail Granted to Two Accused: Delhi High Court
The Delhi High Court has granted regular bail to Abid Ali @ Aabi and Furkan, who were arrested in connection with an alleged mob assault on two freelance reporters associated with a YouTube channel. While granting bail, the Court observed that the prosecution's case contained significant inconsistencies regarding the…
Teacher's Dismissal Over Alleged Objectionable WhatsApp Message to Girl Student Quashed: Chhattisgarh High Court
The Chhattisgarh High Court has set aside the dismissal of government teacher Kamlesh Kumar Sahu, holding that the disciplinary authority failed to comply with the constitutional safeguards contained in Article 311 of the Constitution of India. The Court ruled that merely recording satisfaction is not sufficient to…
Museum Keeper Appointment Quashed as WBPSC Violated Rules and Conducted Interview Unfairly: Calcutta High Court
The Calcutta High Court has set aside the recruitment process conducted by the West Bengal Public Service Commission Rules of Procedure, 1982 for the post of Keeper at the State Archaeological Museum. The Court found that the recruitment process was not conducted in accordance with the applicable rules and the…
Woman’s Inheritance Claim Dismissed; Pre-1956 Hindu Law Did Not Recognise Adoption of a Daughter: Gujarat High Court
The Gujarat High Court has held that under ancient Hindu law applicable before the enactment of the Hindu Adoptions and Maintenance Act, 1956, adoption of a girl child was not legally recognised. The Court ruled that a woman claiming inheritance on the basis of an alleged adoption in 1949 could not be treated as the…
