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Section 138 &145 of the NI Act, 1881: Accused Acquitted After Complainant Fails to Face Cross-Examination in Cheque Bounce Case: Delhi Court
A Delhi Court has acquitted an accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, holding that although statutory presumptions initially operated in favour of the complainant, those presumptions stood rebutted when the complainant repeatedly failed to appear for…
Unexplained Suspicious Circumstances Can Invalidate a Will; Widow's Property Rights Restored: Supreme Court
The Supreme Court has held that merely proving the execution and registration of a will is not sufficient when serious suspicious circumstances surround its execution. The Court restored the inheritance rights of a widow after holding that the defendants had failed to remove genuine doubts regarding the authenticity…
Section 313 CrPC: Viscera Report Not Put to Accused Cannot Be Relied Upon; 1989 Murder Conviction Set Aside: Allahabad High Court
The Allahabad High Court has held that a viscera report cannot be relied upon to convict an accused if the report was never specifically put to the accused during examination under Section 313 of the Code of Criminal Procedure, 1973. The Court ruled that merely asking general questions about administration of poison…
Court Holds It Has Jurisdiction to Hear IPS Officer's 'Right to Be Forgotten' Plea Against Google and YouTube: Delhi High Court
The Delhi High Court has held that it has the territorial jurisdiction to hear a petition filed by a serving IPS officer seeking removal and de-indexing of online content relating to his settled matrimonial dispute. The Court ruled that since part of the cause of action arose within Delhi, the writ petition is…
Survey Ordered of Hotels, Coaching Centres and Commercial Establishments for Building and Fire Safety Violations: Jammu and Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has directed the Jammu Municipal Corporation (JMC) to conduct a comprehensive survey of all hotels, commercial establishments, coaching institutes and other public buildings within its jurisdiction to identify violations relating to sanctioned building plans, mandatory parking…
Third Pregnancy Cannot Be a Ground for Reduced Maternity Leave; Rejection Order Set Aside: Madras High Court
The Madras High Court has ruled that a pregnant government employee cannot be denied full maternity leave merely because she is carrying her third child. The Court held that restricting maternity leave for a third pregnancy to only 12 weeks is contrary to the law already settled by the Supreme Court. Accordingly, the…
'Unbridled Discretion': Allahabad High Court Calls for Software-Based, QR Code-Enabled Caste Certification in Uttar Pradesh: Allahabad High Court
The Allahabad High Court has made significant observations on the need to modernise the caste certificate verification system in Uttar Pradesh. While hearing a Public Interest Litigation, the Court suggested that the State Government should introduce a technology-driven and software-based certification system for…
Disqualification of Co-operative Housing Society Managing Committee Members Upheld for Deliberate Failure to Supply Documents: Bombay High Court
The Bombay High Court has upheld the disqualification of members of the managing committee of a co-operative housing society for deliberately failing to provide documents sought by another member within the time prescribed under the Maharashtra Co-operative Societies Act, 1960. The Court ruled that committee members…
Historical Reference to Separate Tamil Nadu Not Sedition; Case Against Publishers Quashed: Madras High Court
The Madras High Court has quashed criminal proceedings against two publishers who were facing sedition-related charges over the publication of a book that referred to a 1967 speech calling for a separate Tamil Nadu. The Court held that merely reproducing a historical account without any intention to incite hatred,…
Adult Woman Allowed to Rejoin Husband; Free to Live According to Her Own Wishes: Patna High Court
The Patna High Court has upheld the right of an adult woman to live with her husband after personally interacting with her and confirming that she was acting voluntarily without any pressure. The Court also accepted written undertakings from the husband and his parents to ensure that the woman would be treated with…