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Fixing Maintenance for Wife at 25% of Husband's Net Income Is Not Mandatory; Court May Award More or Less: Allahabad High Court
The Allahabad High Court has held that the commonly cited principle of awarding a wife 25% of the husband's net salary as maintenance is only a broad guideline and not a mandatory rule. The Court observed that every maintenance case must be decided on its own facts and circumstances, and courts have the discretion to…
Consumer Complaint Against Advocate for Deficiency in Legal Services Not Maintainable Under the Consumer Protection Act: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that complaints alleging deficiency in legal services provided by advocates cannot be entertained under the Consumer Protection Act, 2019. The Division Bench held that services rendered by advocates in professional legal matters do not come within the definition of "service"…
Section 138 of the Negotiable Instruments Act, Sections 482 and 427 of the Code of Criminal Procedure | Concurrent Sentences Ordered in Cheque Bounce Cases Arising From a Single Loan Transaction: Calcutta High Court
The Calcutta High Court has held that where multiple cheque dishonour cases arise out of a single loan transaction between the same parties, the substantive sentences can be directed to run concurrently in order to secure the ends of justice. The Court exercised its inherent powers under Section 482 of the Code of…
Being Wife of an Alleged Extremist and Present at the Encounter Site With a Child Cannot Justify Conviction Without Proof of an Overt Act: Jharkhand High Court
The Jharkhand High Court has acquitted Pramila Devi in a criminal appeal arising out of a 2004 police encounter case in Gumla district. The Court held that merely because she was present at the place of occurrence with her one-and-a-half-year-old daughter and happened to be the wife of an alleged extremist, she could…
Eviction Order Against Relative Staying After Licence Expired Upheld; Mesne Profits Period Modified: Gujarat High Court
The Gujarat High Court has upheld an eviction decree against a man who continued occupying his relative's residential property even after the agreed period of permission to stay had expired. The Court held that the occupant had no legal right to remain in possession after the end of the leave-and-licence arrangement.…
Refusal to Accept Court Notice Cannot Stall Proceedings; Affixture and Postal Service Held Sufficient: Orissa High Court
The Orissa High Court has ruled that a party cannot intentionally avoid court notices and use such refusal as a method to delay judicial proceedings. In a matrimonial appeal, the Division Bench held that when a notice is sent to the correct address, refused by the recipient or family members, and later affixed at the…
Police Must Follow BNSS Procedure Before Conducting House Searches or Seizing Mobile Phones: Bombay High Court
The Bombay High Court, Nagpur Bench, has held that police authorities cannot ignore the mandatory safeguards provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) while conducting searches and seizures during a criminal investigation. The Court ruled that the search of a woman's residence and the seizure…
'Hell-Bent on Ousting Legitimate Bidder': Rejection of Konkan Railway's Bid Quashed; North Eastern Railway Pulled Up: Allahabad High Court
The Allahabad High Court, Lucknow Bench, has strongly criticized the actions of the North Eastern Railway authorities for repeatedly rejecting the tender bid submitted by Konkan Railway Corporation Ltd. (KRCL) on different grounds. Holding that the authorities acted arbitrarily, whimsically and with mala fide…
Plea of Alibi Must Be Proved During Trial; Investigating Officer Cannot Unilaterally Accept It as True to File Final Report: Allahabad High Court
The Allahabad High Court has held that a plea of alibi can be proved only during a criminal trial by leading evidence before the Trial Court. The Court ruled that an Investigating Officer cannot accept an accused person's defence of alibi as true during investigation and file a final report solely on that basis. The…
Salary Denial During Maternity Leave Quashed; Full Pay Ordered for Senior Resident Doctors: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has ruled that female Senior Resident doctors working under academic arrangement rules cannot be denied salary and allowances during maternity leave. The Court held that once the government grants maternity leave under applicable service rules, it cannot later deny the…
