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Adultery Coupled with Neglect Toward Child Can Lead to Loss of Custody for Mother: Delhi High Court
The Delhi High Court, in a recent judgment, held that while allegations of adultery alone are not sufficient grounds to deny custody, when accompanied by deliberate neglect and abandonment of parental responsibilities, they may justify denial of interim custody. The ruling was delivered by a Division Bench comprising…
S.276 Income Tax Act | Director Cannot Be Individually Prosecuted for Transferring Company Asset to Relative Without Consideration: Delhi High Court
The Delhi High Court has ruled that a corporate director cannot be held criminally liable under Section 276, Income Tax Act, 1961 merely because a company asset was transferred to his relative, unless the company itself is also made an accused. The Court emphasized that failing to prosecute the company goes to the…
Liberal Interpretation of Divorce Provisions Under Hindu Marriage Act Will Trivialise the Sanctity of Marriage: Delhi High Court
In a significant judgment, the Delhi High Court has ruled that the provisions of the Hindu Marriage Act, 1955 must be interpreted in a strict and limited manner. A Division Bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar stated that liberal interpretations of the law allowing annulment…
S.138 NI Act | Cheque Dishonour Complaint Maintainable Against Trustee Without Naming Trust as Accused: Supreme Court
The case stemmed from a cheque bounce complaint filed under the Section 138 of the Negotiable Instruments Act, 1881. The cheque in question was issued by a Trust named Orion Charitable Trust, and it was signed by one of its Trustees who also served as the Chairman and Authorized Signatory. When the cheque was…
Expert Psychological Assessment Made Mandatory in Juvenile Heinous Crime Cases Under Juvenile Justice Act 2015 and POCSO Rape Trials: Allahabad High Court
The case concerns a juvenile accused of committing a heinous offence, where the Juvenile Justice Board (JJB) and the Children's Court failed to properly conduct a preliminary assessment under Section 15(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (J.J. Act). The court scrutinized whether the…
Nodal Agency Directed to Consider Inclusion of Non-Resident Returnees in NORKA-CARE Health Insurance Scheme: Kerala High Court
The Kerala High Court has directed NORKA Roots, the nodal agency for Non-Resident Keralites, to consider the inclusion of returnee NRKs (Non-Resident Keralites who have permanently settled back in Kerala) in the NORKA-CARE Group Health and Accident Insurance Scheme. The Court issued this directive while disposing of a…
Repeated Allegations of Infidelity Against Spouse Without Proof and Damage to Reputation Constitute Cruelty: Delhi High Court
The Delhi High Court recently delivered an important judgment on cruelty within marriage under the Hindu Marriage Act, focusing on how reckless and unproven accusations of adultery against a spouse can amount to extreme cruelty. The Court emphasized that marriage must be based on trust and respect, and damaging a…
Strangers Can Be Proceeded Against for Breach of Injunction Under Order 39 Rule 2A CPC: Himachal Pradesh High Court
Court explains that injunction violation applies to any person, not just parties in the suit In a significant interpretation of the Code of Civil Procedure, 1908, the Himachal Pradesh High Court has held that the scope of Order 39 Rule 2-A is not limited to the parties involved in a suit. The provision applies to any…
Disciplinary Action Ordered Against Officers Granting Sanction for Construction of Public Buildings on Water Bodies: Madras High Court
In a significant order aimed at protecting natural resources, the Madras High Court has directed the State Government of Tamil Nadu to issue strict instructions and circulars mandating disciplinary action and financial recovery from government officials who approve the construction of public buildings on waterbodies…
Notice Issued on Plea Seeking Installation of CCTV Cameras in Panjab University Exam Centres: Punjab and Haryana High Court
The Punjab & Haryana High Court, while hearing a petition concerning transparency in examinations, has sought a response from Panjab University over a plea demanding installation of CCTV cameras in all examination centres of colleges affiliated to the university. Justice Kuldeep Tiwari, while issuing the notice to the…
