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Membership Rights Restored in Mumbai Housing Society Dispute Over Peddar Road Flat: Supreme Court
The Supreme Court of India has resolved a long-standing dispute arising out of a cooperative housing society in Mumbai, holding that legal heirs of a tenant cannot be denied society membership merely due to delayed payment, especially when earlier resolutions of the society supported their induction. The Court…
Authorised Representative Lacking Direct Knowledge of Transaction Cannot Sustain Cheque Dishonour Case: Kerala High Court
The Kerala High Court has clarified the legal position regarding prosecution of cheque dishonour cases filed by companies under Section 138 of the Negotiable Instruments Act, 1881. The Court held that although a company can initiate such proceedings through an authorised representative or power of attorney holder, the…
Choice of Life Partner Is a Matter of Personal Liberty; Even Parents Cannot Interfere, Court Holds: Delhi High Court
The Delhi High Court has reaffirmed that the right to choose a life partner and to live with dignity and safety is an essential part of Article 21 of the Constitution of India. The Court ordered police protection to a married couple who were facing threats from the woman’s father due to their marriage, clearly stating…
Excessive Sweating of Palms Not Ground to Declare Candidate Medically Unfit for Appointment in CAPF: Calcutta High Court
The Calcutta High Court has ruled that palmar hyperhidrosis (excessive sweating of palms) cannot be a ground to declare a candidate medically unfit for appointment as Constable (G.D.) in the Central Armed Police Forces (CAPFs). The Court emphasized that the recruitment authorities failed to point out any specific…
Centre’s ‘Half-Baked’ Petition Dismissed with ₹25,000 Costs: Delhi High Court ‘
The Delhi High Court has dismissed a petition filed by the Union of India challenging orders passed by the Central Administrative Tribunal (CAT), citing an inordinate delay of three years and describing the petition as “half-baked” and incomplete. The Court emphasized that petitions filed without full records and…
Prior Notice Before Arrest Mandatory in Offences Punishable up to 7 Years: Supreme Court
The Supreme Court of India has reiterated that arrest is not automatic in criminal cases punishable with imprisonment of up to seven years. The Court held that police officers must ordinarily issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before arresting an accused, and arrest…
Court Examines Whether Repeated Drug Possession Amounts to ‘Stocking’ Attracting ‘Goonda’ Classification under KAAPA, Warns Against NDPS Violations: Kerala High Court
The Kerala High Court has made it clear that it intends to send a strong message to society that violations of the Narcotic Drugs and Psychotropic Substances Act, 1985 will not be tolerated. The Court emphasised that every violation of the NDPS Act must be taken extremely seriously, while considering important…
Ex-Serviceman Re-Employed on Contractual Basis Not Entitled to Civil Pension: Punjab & Haryana High Court
The Punjab and Haryana High Court has dismissed a writ petition filed by an ex-serviceman seeking pensionary benefits for his civil re-employment. The Court clearly held that pension cannot be claimed merely on the basis of long duration of service unless the appointment is substantive, permanent and governed by…
Mother’s Right to Higher Education and Personal Development Cannot Be Curtailed Due to Custody Disputes: Delhi High Court
The Delhi High Court has delivered an important judgment recognising that a mother’s right to personal development, dignity and autonomy, including the pursuit of higher education abroad, forms an intrinsic part of the Right to Life and Personal Liberty under Article 21 of the Constitution of India. The Court held…
Documents Filed with Writ Petition Must Be Specifically Described in Statement of Facts or Grounds: Kerala High Court
The Kerala High Court has reiterated the mandatory procedural requirement that documents filed along with a writ petition must be properly marked with descriptions either in the statement of facts or in the grounds of the petition. The Court clarified that merely stating in the accompanying affidavit that the…
