Showing 10447 articles
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…
Sunday Sitting | Status Quo Ordered on Alleged 'Nazool' Land Amid Demolition Threat to 150-Year-Old Methodist School: Allahabad High Court
The Allahabad High Court, Lucknow Bench, in a special Sunday sitting, granted urgent interim relief to Methodist Mission Girls Junior High School, Civil Lines, Sitapur, by directing the State authorities to maintain status quo over a disputed piece of land. The Court passed the order after hearing the school's plea…
Can a Woman Claim Maintenance Under Section 125 CrPC From a Man She Married Without Divorcing Her First Husband? Answered: Allahabad High Court
The Allahabad High Court has ruled that a woman is not entitled to claim maintenance as a legally wedded wife under Section 125 of the Code of Criminal Procedure (CrPC) if she started living with another man without first obtaining a divorce from her first husband. At the same time, the Court protected the right of…
Tata Projects' ₹940-Crore Highway Contract Restored; NHAI's Termination Held to Be 'Pre-Determined': Allahabad High Court
The Allahabad High Court has ruled that the National Highways Authority of India (NHAI) cannot arbitrarily terminate a highway construction contract and hold the contractor responsible for delay when the delay was caused by NHAI's own failure to provide encumbrance-free land with a clear right of way. The Court held…
POCSO Case Against School Headmistress Revived for Failing to Report Child Sexual Abuse; Conducting Personal Verification Is No Excuse: Supreme Court
The Supreme Court has restored criminal proceedings against a school headmistress accused of failing to report an alleged sexual assault complaint made by an eight-year-old child. The Court held that once a person covered under the reporting obligation receives credible information directly from a child victim, the…
