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Woman Cannot Insist on Re-Entering Abandoned Matrimonial Home if Alternate Accommodation Is Available under DV Act: Delhi High Court
The Delhi High Court has delivered an important judgment interpreting the scope of residence rights under the Protection of Women from Domestic Violence Act, 2005. In the case titled X v. Y, the Court examined whether an aggrieved woman has an absolute right to seek re-entry into a particular property under Section 19…
Proper Notice under Section 18 of the Assam Land & Revenue Regulation Mandatory Before Evicting Occupants from Government Land: Gauhati High Court
The Gauhati High Court has clarified the legal requirement of issuing a proper notice under Section 18 of the Assam Land and Revenue Regulation, 1886 before initiating eviction proceedings against persons alleged to be in illegal occupation of Government land. The judgment was delivered by Justice Sanjay Kumar Medhi…
Police Commissioner Directed to Address Lapses in Filing Motor Accident Reports: Delhi High Court
The Delhi High Court recently passed an important order in a Public Interest Litigation concerning the implementation of the accident reporting mechanism under the Motor Vehicles Act, 1988. The case titled ANUP KUMAR RAMPAL v. DELHI POLICE THROUGH JOINT COMMISSIONER was heard by a Division Bench comprising Chief…
Filing False Suit with Forged Documents Against SC/ST Person Prima Facie Attracts Offence under SC/ST Act: Kerala High Court
The Kerala High Court has delivered an important judgment clarifying the scope of Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, holding that the offence under the said provision would be prima facie attracted when a false, malicious or vexatious civil suit is filed…
Mere Plea of Head-On Collision Does Not Establish Contributory Negligence in Motor Accident Claim Cases: Telangana High Court
The Telangana High Court has clarified an important principle in motor accident compensation cases by holding that a mere plea of head-on collision between two vehicles does not automatically prove contributory negligence. The Court emphasized that negligence must be established based on evidence and probabilities,…
Extension Granted for Filing Challan in Absence of Accused Violates Article 21; Order Set Aside: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that granting extension of time to file a chargesheet under the Narcotic Drugs and Psychotropic Substances Act, 1985 without producing the accused or giving them an opportunity of hearing is a gross illegality. The Court ruled that such an order violates the accused persons’…
Mere Claim of Short and Discontinuous Cohabitation Insufficient to Seek DNA Test of Child; Husband’s Plea Rejected: Karnataka High Court
The Karnataka High Court has held that a DNA test to determine the paternity of a child cannot be ordered as a matter of routine merely on suspicion raised by the husband. The Court emphasized that such a direction can be issued only when there is an eminent and compelling need, and not in cases where marital status…
SC/ST Atrocities Angle Revived in Kuri Dispute; Fresh Probe Ordered into Allegedly Forged Promissory Note: Kerala High Court
The Kerala High Court reopened the application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in a criminal case arising out of an alleged forged promissory note used by a kuri company. The order was passed by Justice A. Badharudeen while partly allowing an appeal filed by…
Child Custody Matters Require a Human Touch and Cannot Be Decided Solely on Legal Provisions: Tripura High Court
This news relates to an important child custody judgment delivered by the Tripura High Court, where the Court clearly stated that child custody disputes cannot be decided only by technical interpretation of law. The Court emphasized that the welfare and well-being of the child is the most important factor and such…
₹3 Lakh Costs Imposed on Litigant for Filing Frivolous Contempt Plea: Punjab & Haryana High Court
The Punjab and Haryana High Court examined a contempt petition filed by Rajbir Singh Brar, who appeared as petitioner-in-person, alleging non-compliance of earlier directions issued by the Court against senior officials of the Punjab Government, including Gaurav Yadav, IPS, Director General of Police, Punjab. The…
