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Wife Living Separately for Employment Constitutes ‘Reasonable Excuse’ under Section 9 of Hindu Marriage Act; Husband’s Appeal Rejected: Jharkhand High Court
The Jharkhand High Court has held that the orthodox concept of a wife, who is expected to subordinate her life and career to the wishes of her husband, has undergone a revolutionary change. The Court ruled that a married woman has a right to stand financially independent, pursue her profession, and contribute to…
Alleged Intoxication of Pillion Rider Not a Ground for Contributory Negligence in Accident Cases Without Causal Link: Delhi High Court
The Delhi High Court has held that a mere allegation that a pillion rider on a two-wheeler was under the influence of alcohol cannot automatically lead to a finding of contributory negligence. The Court clarified that unless a clear and direct causal link is established between the alleged intoxication and the…
‘Desertion’ under Divorce Act Means Abandonment Without Reasonable Cause; Past Maintenance Denied to Deserting Spouse: Kerala High Court
The Kerala High Court has clarified the legal meaning of the term desertion under Section 10 of the Divorce Act, 1869, holding that desertion must necessarily mean desertion without reasonable cause, even though the statute does not expressly use those words. The Court held that any other interpretation would be…
Benefit under Probation of Offenders Act Not Available to Convicts under Section 395 IPC: Delhi High Court
The Delhi High Court has held that the benefit of probation under the Probation of Offenders Act, 1958 cannot be granted to persons convicted for the offence of dacoity under Section 395 IPC, as the offence is punishable with imprisonment for life. The Court clarified that statutory probation is unavailable where the…
Adopted Child Entitled to Adoptive Parents’ Caste: Bombay High Court
The Bombay High Court has ruled that an adopted child is entitled to the same caste status as that of the adoptive parents and denial of such recognition would leave the child’s future uncertain and without legal clarity. The Court held that once a lawful adoption is completed, the child becomes the legitimate child…
Unproven Treatment Cannot Be Claimed by a Patient as a Matter of Right: Supreme Court
The Supreme Court of India has clearly held that Stem Cell Treatment for Autism Spectrum Disorder cannot be claimed by patients as a matter of right. The Court observed that such treatment is unproven, lacks adequate scientific backing, and cannot be treated as a regular clinical procedure. The judgment reinforces…
No Interim Compensation under Section 143A NI Act Where Accused’s Defence Is Prima Facie Plausible: Gauhati High Court
The Gauhati High Court has delivered an important ruling clarifying when interim compensation can be granted in cheque dishonour cases under the Negotiable Instruments Act, 1881. The Court held that where serious disputed questions of fact arise and require adjudication through evidence, it may not be appropriate to…
Trial Court Erred in Ignoring Grievous Neck Injuries; Husband Convicted for Attempt to Murder Wife Using Machete: Karnataka High Court
This news is based on a significant judgment delivered by the Karnataka High Court where the Court overturned a trial court order that had acquitted a husband of the offence of attempt to murder his wife. The High Court held that the trial court failed to properly consider the nature of injuries inflicted on vital…
₹5 Lakh Cost Imposed on Union Government for Blocking IRS Officer’s ITAT Appointment for a Decade, Court Calls It ‘Targeted Vendetta’: Supreme Court
The Supreme Court of India has imposed a cost of ₹5 lakh on the Union Government for what it described as rank procrastination, deliberate obstruction, and departmental vendetta in denying appointment to a selected candidate for the post of Member (Accountant), Income Tax Appellate Tribunal (ITAT). The Court held that…
Compassionate Appointment Declined Due to Delay, Compensation Granted for ‘Arbitrary’ Rejection: Gauhati High Court
The Gauhati High Court has ruled that a claim for compassionate appointment cannot be revived when a long period has passed since the death of the government employee. The Court clearly held that compassionate appointment is intended to provide immediate financial relief to the bereaved family and cannot be claimed as…
