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'Conditions Should Not Be Illusory': ₹75 Lakh Security Imposed on Mother Taking Child Abroad for Education Set Aside: Kerala High Court
The Kerala High Court has held that conditions imposed by courts in child custody matters must be practical and capable of compliance, and should not deprive a child of better educational opportunities. The Court set aside a ₹75 lakh security condition imposed by the Family Court on a mother who sought permission to…
Media Cannot Label Accused as 'Mastermind', 'Scamster' or 'Kingpin' Before Trial: Patna High Court
The Patna High Court has strongly reiterated that an accused person is entitled to a fair and unbiased trial, and that this right cannot be compromised by media reporting that presumes guilt. The Court emphasized that while press freedom under Article 19(1)(a) of the Constitution of India is fundamental, it does not…
IT Act Case Against Rape Accused's Wife Over Alleged Circulation of Survivor's Explicit Videos Not Quashed: Karnataka High Court
The Karnataka High Court has refused to quash criminal proceedings against a woman accused of circulating sexually explicit videos allegedly showing her husband sexually assaulting an employee. The Court held that the act of transmission of such material itself constitutes an offence under Section 67 and Section 67A…
Vigilance Inspection Ordered Into Alleged Gold Misappropriation at Ettumanoor Mahadeva Temple: Kerala High Court
The Kerala High Court has directed the Chief Vigilance and Security Officer, Travancore Devaswom Board to inspect the temple registers and the famous Ezharaponnana kept at Ettumanoor Mahadeva Temple after allegations surfaced that the original gold plates covering the sacred golden elephant statuettes were removed and…
Section 173(1) of the Motor Vehicles Act, 1988: 'Pay and Recover' Relief Refused After Insurance Policy Was Cancelled Due to Dishonoured Premium Cheque: Madhya Pradesh High Court
Introduction The Madhya Pradesh High Court has held that an Insurance Company cannot be directed to pay compensation under the 'Pay and Recover' principle when the insurance policy had already been cancelled due to dishonour of the premium cheque and the cancellation was duly intimated to the insured before the…
Welfare Scheme House Allotment to Wife Does Not Disentitle Her from Claiming Maintenance Under Section 125 CrPC: Allahabad High Court
The Allahabad High Court has held that allotment of a residential house to a woman under the Pradhan Mantri Awas Yojana or any other welfare scheme cannot be treated as a source of livelihood so as to disentitle her from claiming maintenance under Section 125 CrPC. The Court further observed that an able-bodied…
Sessions Judge Questioned Over Different Bail Orders in Similar Knife Attack Case: Allahabad High Court
The Allahabad High Court has emphasized that judicial consistency in bail matters is an important institutional principle while granting bail to Mohammad Rafiq @ Rafiqul Islam. The Court also directed the concerned Additional Sessions Judge, Ghaziabad, to explain why a similarly placed co-accused was granted bail…
Litigant Cannot Seek Repeated Adjournments and Then Blame Lawyer for Delay: Gauhati High Court
The Gauhati High Court has ruled that litigants cannot repeatedly seek adjournments during the course of a civil case and later shift the entire responsibility for delay onto their advocate. The Court clarified that although courts have discretionary powers to condone procedural delays in deserving cases, such powers…
Should ED's 'Reason to Believe' for Property Attachment Be Kept Confidential? Gauhati High Court
The Gauhati High Court has referred an important legal issue to the Chief Justice for constitution of a larger Bench regarding the interpretation of Section 5(1) of the Prevention of Money Laundering Act, 2002. The Court has sought an authoritative decision on whether the Enforcement Directorate (ED) is required to…
'SHAKTI' Trademark Cancelled; Registration Was Not Supported by Genuine Use: Delhi High Court
The Delhi High Court has directed the removal of the registered trademark "SHAKTI" from the Register of Trade Marks after holding that its registered proprietor failed to prove any bona fide intention or genuine commercial use of the mark. The Court held that a trademark registration cannot continue where there is no…
