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Landlord’s Bona Fide Need to Be Assessed as on Date of Eviction Petition Unless Subsequent Events Cause Material Change: Supreme Court
The Supreme Court of India has clarified an important principle relating to eviction disputes and landlord rights. The Court held that determination of bona fide need in eviction matters must be assessed on the date of filing of the eviction petition, unless later developments materially change the situation.…
Principles Laid Down for Quashing POCSO Cases Where Victim Denies Harm Due to Consensual Relations and Marriage: Delhi High Court
The Delhi High Court, while exercising its powers under Section 482 Code of Criminal Procedure, 1973, laid down important principles governing quashing of criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court examined whether prosecution can continue when the de…
Abetment to Suicide Case Quashed, No Proof of Instigation or Intent Against Accused: Supreme Court
The Supreme Court delivered a crucial judgment under Section 306 Indian Penal Code clarifying the law on abetment of suicide. The Court held that mere allegations, suspicion, or moral wrongdoing cannot justify criminal prosecution unless there is clear evidence of instigation and intention to drive a person to commit…
Accused Convicted in ₹9 Lakh Cheque Bounce Case Under Section 138 NI Act, ₹10 Lakh Compensation Ordered: Bengaluru Court
The VI Additional Judge, Court of Small Causes and ACJM, Bengaluru, delivered a judgment under Section 138 Negotiable Instruments Act, 1881, dealing with dishonour of cheque issued towards repayment of a friendly loan. The Court held the accused guilty and emphasized that once statutory requirements are met,…
Contribution of Working Mothers in Raising Child Alone Cannot Be Measured in Money, Child’s Maintenance Doubled: Bombay High Court
The Bombay High Court, while interpreting Section 125 Code of Criminal Procedure, 1973, delivered an important judgment on child maintenance and parental responsibility. The Court held that a father cannot avoid his duty to maintain his minor child merely because the mother is also earning, especially when she has…
Can Government Employee Consent to Recovery of Dues from Death-Cum-Retirement Gratuity? Matter Referred to Division Bench: Kerala High Court
The Kerala High Court has raised an important legal question under Section 60 Code of Civil Procedure, 1908 and Rule 124 Kerala Service Rules regarding whether a co-operative society can recover loan dues from the Death-Cum-Retirement Gratuity of a retired government employee even when law provides protection against…
‘Youth Thrusting Religion on Others a Disturbing Trend’ Relief Denied to School Girl in Anti-Conversion FIR: Allahabad High Court
The Allahabad High Court delivered a significant ruling under the UP Prohibition of Unlawful Conversion of Religion Act, 2021, refusing to quash an FIR filed against two Class XII students accused of attempting to force their classmate to adopt religious practices and convert her religion. The Court emphasized that…
‘Can’t Resort to Coercive Measures’ Relief Denied to Contractor Who Locked Mini Stadium Over Unpaid Dues: Orissa High Court
The Orissa High Court delivered an important judgment under Section 152 Bharatiya Nagarik Suraksha Sanhita dealing with illegal obstruction of public property and enforcement of monetary claims. The Court clarified that a person cannot adopt coercive methods like locking public property to recover dues and must follow…
Notional Fixation of Seniority an Equitable Exception When Delay Attributable to Appointing Authority: Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court delivered a significant judgment explaining the principle of seniority under Article 14 Constitution of India and Rule 24 J&K Civil Services (Classification, Control and Appeal) Rules, 1956. The Court clarified that although seniority is generally based on the date of actual…
Insurer Must Compensate Gratuitous Passenger Injured in Motor Accident, Liberty to Recover Amount from Owner: Kerala High Court
The Kerala High Court recently delivered an important judgment under the Motor Vehicles Act, 1988 dealing with compensation in motor accident claims involving a gratuitous passenger travelling in a goods vehicle. The Court clarified that even if there is a violation of insurance policy conditions, the insurance…
