Showing 10447 articles
Unemployment Is No Ground to Deny Maintenance to Wife and Child: Karnataka High Court
The Karnataka High Court has reaffirmed that an able-bodied husband cannot avoid his legal obligation to maintain his wife and child merely by claiming that he is unemployed. In Sri Harish R. v. Smt. Sowmya and Another, the Court upheld the maintenance awarded by the courts below and refused to interfere with the…
Partition Deed Is Not a Property Transfer Under the Senior Citizens Act; Appellate Tribunal Cannot Cancel It: Andhra Pradesh High Court
The Andhra Pradesh High Court has clarified that a registered partition deed cannot be treated as a transfer of property under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In Uddagiri Srirama Murthy & Anr. v. State of Andhra Pradesh & Ors., the Court held that a partition only…
Section 202 CrPC Objection Cannot Be Raised at Final Arguments to Derail Cheque Bounce Trial: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has held that an accused cannot challenge an alleged procedural defect at the final stage of a criminal trial after actively participating in the proceedings for several years. In Aijaz Ahmad Bhat v. Nisar Ahmad Malik, the Court dismissed a petition challenging the…
Section 24 HMA | Interim Maintenance Continues During Appeal Against Divorce Decree: Delhi High Court
The Delhi High Court has held that interim maintenance granted under Section 24 of the Hindu Marriage Act, 1955 does not automatically come to an end after a Family Court passes a decree of divorce. The Court ruled that since an appeal is a continuation of the original matrimonial proceedings, interim maintenance can…
Travel Expenses of Independent Advocate Serving as Special Public Prosecutor Must Be Paid by the State: Madras High Court
The Madras High Court has upheld an earlier order directing the Tamil Nadu Government to reimburse the travel expenses and clear any pending professional fees payable to advocate B. Mohan, who served as a Special Public Prosecutor in a sensitive criminal case. The Court observed that when an advocate performs an…
Article 227 Cannot Be Used to Stall Arbitration Proceedings; Gauhati High Court Orders Set Aside: Supreme Court
The Supreme Court has reaffirmed the principle of minimum judicial interference in arbitration proceedings by holding that High Courts should exercise extraordinary restraint while invoking their supervisory jurisdiction under Article 227 of the Constitution of India against orders passed by an arbitral tribunal under…
Right to Be Forgotten | Petitioner's Identity to Be Masked From Online Court Records: Bombay High Court
The Nagpur Bench of the Bombay High Court has delivered an important judgment protecting the privacy rights of individuals whose criminal proceedings have already come to an end. In the case of ABC v. State of Maharashtra & Ors., the Court held that once criminal proceedings are quashed and there is no larger public…
UP Apartment Act | Writ Petitions Not Maintainable for RWA Disputes; UP Government Directed to Frame a Grievance Redressal Mechanism: Allahabad High Court
The Allahabad High Court, Lucknow Bench, has held that writ petitions under Article 226 of the Constitution of India are not maintainable for resolving routine disputes relating to the day-to-day management of Resident Welfare Associations (RWAs). At the same time, the Court found a legislative gap in the Uttar…
PMLA | Vivo Executive's Plea to Travel to China Rejected; No Extradition Treaty With China Cited: Delhi High Court
The Delhi High Court has refused to permit a Chinese national and Vivo executive facing proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) to travel to Guangzhou, China. The Court held that although humanitarian considerations deserve attention, they cannot override the need to ensure the presence…
'Suspicion Cannot Replace Proof Beyond Reasonable Doubt': Husband Acquitted in 26-Year-Old Dowry Death Case: Supreme Court
The Supreme Court has acquitted Brajesh Kumar @ Birjesh Kumar Singh in a 26-year-old dowry death case, holding that the prosecution failed to prove the allegations beyond reasonable doubt. The Court found serious deficiencies in the investigation and trial, observing that crucial defence evidence was ignored,…
