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J&K CSR: Borrowing Organisation Must Release Leave Salary to Deputationist Before Seeking Reimbursement from Parent Department: Jammu & Kashmir and Ladakh High Court
Jammu & Kashmir Civil Service Regulations and Section 7(3-A) of the Payment of Gratuity Act: J&K High Court Holds Borrowing Organisation Must Pay Leave Salary First, Parent Department Liable for Gratuity Introduction The High Court of Jammu & Kashmir and Ladakh has held that where an employee serves on deputation with…
2005 Hindu Succession Amendment Cannot Be Applied Retrospectively; Daughter's Claim to Agricultural Land Rejected: Delhi High Court
The Delhi High Court has dismissed a partition suit filed by Santra Devi, holding that succession to her late father's agricultural land had already opened in 2002 under Section 50 of the Delhi Land Reforms Act. The Court ruled that the Hindu Succession (Amendment) Act, 2005 operates prospectively and cannot reopen…
Advocate Granted Anticipatory Bail in School Management Dispute Between Two Lawyers: Jharkhand High Court
The Jharkhand High Court has granted anticipatory bail to advocate Abhay Kumar Mishra, observing that the mere filing of a chargesheet cannot by itself be a ground to reject an application for anticipatory bail. The Court held that every application under Section 438 of the Code of Criminal Procedure corresponding to…
Parents Supporting Wife During Distress Does Not Absolve Husband of Legal Obligation to Maintain Her: Allahabad High Court
The Allahabad High Court has held that a wife cannot be denied maintenance under Section 125 of the Code of Criminal Procedure merely because her parents provide financial assistance during difficult times. The Court observed that financial support from parents cannot be treated as the wife's independent income and…
UP Government Questioned Over Delay in Panchayat Elections; Unconstitutional Orders Cannot Extend Pradhans' Tenure: Allahabad High Court
The Allahabad High Court has questioned the Uttar Pradesh Government over the delay in conducting Panchayat elections and observed that administrative orders issued under Section 12(3-A) of the Uttar Pradesh Panchayat Raj Act, 1947, which has already been declared unconstitutional, cannot legally extend the tenure of…
'Old Torn Hymen' Cannot Be a Ground for Benefit of Doubt in Rape Case if Victim's Testimony Is Reliable; 1983 Conviction Upheld: Allahabad High Court
The Allahabad High Court has held that an accused cannot claim the benefit of doubt in a rape case merely because the medical examination records the survivor's hymen as "old torn." The Court clarified that rape is a legal concept and not a medical finding, and if the testimony of the survivor is found to be wholly…
Accused Acquitted in ACB Trap Case; FIR Lodged After Investigation Had Already Begun: Andhra Pradesh High Court
The Andhra Pradesh High Court has acquitted two persons convicted in an Anti-Corruption Bureau (ACB) trap case after holding that the investigation suffered from serious legal defects. The Court found that the First Information Report (FIR) and other important investigation records were prepared only after the trap…
Section 138 of the Negotiable Instruments Act: Cheque Bounce Conviction Upheld; Mere Denial Cannot Rebut Statutory Presumption: Himachal Pradesh High Court
The Himachal Pradesh High Court has upheld the conviction of Kartar Singh in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The Court held that once the issuance of the cheque and the signature of the accused are admitted, the statutory presumption under Section 118 and Section 139 of the…
'I Can Have Thousands of Husbands Like You' Remark by Wife Amounted to Grave and Sudden Provocation; Husband's Conviction Modified: Madhya Pradesh High Court
The Madhya Pradesh High Court has partly allowed the appeal filed by Shiva, holding that the death of his wife Kiran occurred in circumstances involving grave and sudden provocation. The Court modified the conviction from Section 304 Part I of the Indian Penal Code to Section 304 Part II of the Indian Penal Code and…
Media Restrained from Portraying Bihar Tender Scam Accused Rishu Shree as Guilty Before Trial: Patna High Court
The Patna High Court has restrained print, electronic, digital and social media platforms from portraying Rishu Shree as guilty in connection with an alleged tender scam being investigated by the Special Vigilance Unit (SVU). The Court held that while the media is free to report factual developments relating to a…
