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Mandating Local Surety For Bail Of Person From Outside State Is 'Assault' On Fundamental Rights: Punjab & Haryana High Court
Punjab and Haryana High Court on Thursday delivered a significant judgment striking down the practice of mandating a local surety as a condition for granting bail. The Court held that such a requirement amounts to a violation of the fundamental rights of a person, especially when imposed on individuals from other…
Hindu Marriage Act | Second Marriage During Appeal Period Valid If Divorce Decree Remains Unchallenged By Ex-Spouse: Kerala High Court
Kerala High Court has delivered a significant ruling under Section 15 of the Hindu Marriage Act, 1955, clarifying that a second marriage conducted within the appeal period of a divorce decree is not per se illegal, if no appeal is filed by the former spouse. The judgment is a crucial interpretation concerning…
2023 Election Of Congress MLA Nanje Gowda Quashed, Vote Recount Ordered: Karnataka High Court
Karnataka High Court has issued a significant ruling under the Representation of the People Act, 1951, setting aside the election of KY Nanje Gowda, Congress MLA from Malur Assembly Constituency in Kolar District, and directed a recount of votes due to alleged irregularities in the 2023 Assembly elections. Election…
Courts Must Prevent Harassment Of Individuals Having No Involvement In Matrimonial Cruelty: Delhi High Court
Misuse of Section 498A of the Indian Penal Code (IPC)—originally intended to protect women from cruelty and dowry harassment—was strongly criticized by the Delhi High Court in a recent judgment. Justice Arun Monga observed that the legal system must shield innocent individuals, particularly relatives of the husband,…
Centre Rapped For Not Granting Disability Compensation To BSF DIG Who Suffered Hearing Loss In 2001 IED Blast: Delhi High Court
War veteran and retired Deputy Inspector General (DIG) of the Border Security Force (BSF), Ashvini Kumar Sharma, has finally received justice after a prolonged legal battle. The Delhi High Court has directed the Union of India to grant him disability compensation for a 42% hearing loss he sustained in a 2001 IED blast…
CBIC Circular Restricting ITC Refund For Inverted Duty Structure Up To 18.07.2022 Partly Quashed: Rajasthan High Court
Petitioner wins relief from the Rajasthan High Court after her appeal was rejected on technical grounds related to limitation under Section 107(1) of the Rajasthan Goods and Services Tax Act, 2017. The Court has held that uploading of an order on the GST portal does not automatically amount to valid communication,…
Imposition Of Higher Property Tax On Luxury Hotels By MCD Is Justified, Not Arbitrary: Delhi High Court
The Delhi High Court has upheld the Municipal Corporation of Delhi’s (MCD) decision to impose a higher property tax rate of 20% on luxury hotels, particularly 3-star and above, ruling that such classification is not arbitrary and passes the test of Article 14 of the Constitution of India. The verdict was passed by…
Appointment Based On Quashed Precedent Cannot Be Sustained: Rajasthan High Court
The Rajasthan High Court has reaffirmed the principle that a litigant who obtains relief based on a precedent cannot later disown that precedent once it has been overturned. Justice Rekha Borana, in her judgment in Shaitan Ram v. State of Rajasthan & Ors., held that a person who secured appointment based on a judgment…
'Disheartening' That Even Educated Parents Embroiled In Marital Discord Are Tutoring Or Influencing Children: Delhi High Court
The Delhi High Court, while addressing a child custody and visitation rights case under the Guardians and Wards Act, 1890, strongly criticized the conduct of parents involved in marital disputes who tutor or influence their minor children against the other parent. A Division Bench of Justice Anil Kshetarpal and…
S.179(1) BNSS | Police Cannot Compel Presence Of 'Any Person' Acquainted With Case As Matter Of Right: Andhra Pradesh High Court
In a significant ruling, the Andhra Pradesh High Court has clarified that the power granted to a Police Officer under Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to secure the presence of “any person” is territorially limited. The Court held that a police officer can summon only those persons…
