Showing 10473 articles
Even a Solitary Incident of Sexual Offence Against a Minor Can Justify a Detention Order: Madras High Court
The Madras High Court has ruled that a sexual offence committed against a minor is a serious and heinous crime against society, and even a single incident is sufficient grounds to detain the accused under the Tamil Nadu Goondas Act, 1982. The Court dismissed a habeas corpus petition challenging the detention of a man…
Senior Citizens Act Cannot Be Used as a Tool for Summary Eviction; Son’s Eviction Order Quashed: Bombay High Court
The Bombay High Court has clarified that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a welfare law intended to protect senior citizens, but it cannot be misused to summarily evict children from property without meeting statutory requirements. Background Of The Dispute The case involved a…
Major Unmarried Daughter Entitled to Seek Maintenance from Father under Section 125 CrPC: Delhi High Court
The Delhi High Court has clarified that a major unmarried daughter is permitted to join her mother in filing an application for maintenance from the father under Section 125 Code of Criminal Procedure 1973, even if her independent claim technically arises under Section 20 Hindu Adoptions and Maintenance Act 1956.…
ECI Cannot Adjudicate Internal Disputes Within an Unrecognised Political Party; Civil Suit Is the Proper Remedy: Delhi High Court
The Delhi High Court has delivered an important ruling clarifying that the Election Commission of India cannot decide internal leadership disputes within an unrecognized political party. The Court held that such private disagreements must be resolved through a civil suit and not through intervention by the Election…
NOC from Previous Counsel Merely a Matter of ‘Good Practice’; Duly Authorized New Advocate May Press Bail Without It: Allahabad High Court
The Allahabad High Court (Lucknow Bench) has clarified that obtaining a No Objection Certificate from a previous counsel is not a legal requirement for hearing a criminal matter. The Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary held that an accused or convict has a fundamental right to be…
Banks May Freeze Only the Disputed Amount and Must Allow Customer to Operate the Remaining Account Balance: Rajasthan High Court
The Rajasthan High Court delivered a significant ruling in the matter concerning the State Bank of India freezing the account of the petitioner, Sayed Sarfaraj. The bench, headed by Justice Nupur Bhati, emphasized that banks must act cautiously while freezing accounts and should ensure that only the disputed or…
“Reasonable Grounds” to Grant Bail Pending Trial in NDPS Cases Cannot Be Construed as ‘Proof’ under the BSA: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has delivered an important judgment on the interpretation of reasonable grounds while deciding bail applications under the NDPS Act 1985. The Court held that reasonable grounds must be stronger than suspicion but need not amount to full proof, ensuring a balanced and fair…
BCI Committee Directed to Consider Plea Seeking Polling Booths at District Courts for BCD Elections: Delhi High Court
The Delhi High Court has directed that a writ petition filed by advocate Surendar Kumar regarding polling arrangements for the upcoming Bar Council of Delhi (BCD) elections be treated as a representation before the Special Committee constituted by the Bar Council of India. Justice Mini Pushkarna emphasised that since…
Woman’s Right to a Shared Household Does Not Entitle Her to Indefinitely Occupy In-Laws’ Home: Delhi High Court
The Delhi High Court has clarified that a woman’s right to reside in a shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is a right of protection, not a right of ownership, and cannot be treated as a licence to occupy the premises of her in-laws indefinitely. The Court…
₹2 Lakh Cost Imposed on Tenant for Nearly Two-Year Delay in Vacating Premises: Punjab & Haryana High Court
The Punjab & Haryana High Court has delivered a strong and significant order in the matter of kamlesh Rani VERSUS Sanjeev, imposing exemplary costs of ₹2,00,000 on the tenant Sanjeev for wilful and deliberate disobedience of the Court’s earlier directions. The Court held that even though possession of the premises was…
