Showing 10473 articles
Aadhaar Cannot Be Used to Rewrite Retirement; Anganwadi Reinstatement Quashed: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench, has held that a retired employee cannot seek correction of date of birth after superannuation on the basis of Aadhaar Card and Voter Identity Card, and such correction cannot be used to dislodge a lawfully appointed employee. The Court quashed the orders reinstating a…
Over-Age Candidate Cannot Claim Age Relaxation Due to Delay in Earlier Recruitment Process: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that a candidate who participated in a recruitment process initiated in the year 2022 cannot claim age relaxation in a later recruitment process merely on the ground that the earlier process had a higher age limit. The Court clarified that delay in concluding an earlier…
Third Party Using Land with Owner’s Consent Cannot Be Prosecuted for Encroachment: High Court of Jammu & Kashmir and Ladakh
The Jammu and Kashmir High Court has ruled that coercive action cannot be taken against a third party who merely used land with the permission of its recorded owner, particularly when the statute invoked by authorities is not applicable. The Court set aside an order directing seizure of building material and…
Sex Between Spouses Must Be Consensual; Forced Unnatural Sex Causes Trauma: Gujarat High Court
The Gujarat High Court has made significant observations on the issue of physical intimacy within marriage while rejecting an anticipatory bail application filed by a husband accused of dowry harassment, physical cruelty, and sexual abuse. Justice Divyesh A Joshi held that physical intimacy between married couples…
Vacancies Must Be Excluded While Computing Two-Thirds Majority for No-Confidence Motion: Andhra Pradesh High Court
The Andhra Pradesh High Court has dismissed a writ petition filed by D. Venkateswaramma, President of the Kurnool Mandal Praja Parishad, challenging a no-confidence motion moved against her. The Court held that for the purpose of a no-confidence motion, the “total number of members” must be calculated based on the…
Widowed Daughter-in-Law Entitled to Seek Maintenance from Father-in-Law’s Estate; Court Refers to Manusmriti: Supreme Court
The Supreme Court of India delivered an important judgment clarifying the rights of a widowed daughter-in-law under Hindu Adoptions and Maintenance Act, 1956. The Court held that a woman is entitled to claim maintenance from her father-in-law’s estate even if she became a widow after the death of her father-in-law.…
Section 17A Protection for Honest Officers Upheld; Plea Challenging Anti-Corruption Sanction Requirement Rejected: Supreme Court
The Supreme Court of India has upheld the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior government approval before initiating any enquiry, inquiry, or investigation against a public servant for decisions taken in the course of official duties. The ruling…
Husband Liable to Pay Maintenance to Wife and Child Living with Her Despite Other Child Residing with Him: Delhi High Court
The Delhi High Court has clarified an important aspect of maintenance law by holding that a husband’s legal duty to maintain his wife and minor child living with her does not get reduced merely because another child from the same marriage is residing with him. The judgment reinforces the principle that maintenance…
Constables Dismissed Without Regular Enquiry over Accused’s Escape from Custody Ordered to Be Reinstated: Rajasthan High Court
The Rajasthan High Court dealt with a significant service law dispute involving three constables who were dismissed from service after two accused persons escaped from their custody. The petitioners were working as constables in the Rajasthan Police and were assigned the duty of producing two accused before the…
Quashing of Complaint under Section 138 of the Negotiable Instruments Act, 1881 Relating to Dishonoured Cheque, Loan Dispute, and Security Cheque Allegations – Delhi High Court
Background of the Case The Delhi High Court recently delivered a judgment in a case under Section 138 of the Negotiable Instruments Act, 1881, where the Petitioner, Shri Sarvesh Puri, challenged the filing of a complaint by Shri Rishab Kumar regarding a dishonoured cheque. The Petitioner approached the High Court…
