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Courts Not Obligated to Order Child’s DNA Test for Paternity Merely on Mother's Consent; Must Safeguard Child’s Rights: Bombay High Court
In a significant judgment concerning Section 112 of the Indian Evidence Act, 1872, the Bombay High Court ruled that even if a mother agrees to conduct a DNA profiling test of her child, the court must independently assess the best interest of the minor child before directing such a test. The Court emphasized that a…
Failure to Provide Police Force to Judge Executing Commission: SSP Directed to Appear Personally: Allahabad High Court
The Allahabad High Court was hearing a Public Interest Litigation (PIL) filed by Bhanu Pratap and three others regarding alleged illegal encroachments and constructions on pond land in Village Katya, Tappa Haveli, Tehsil Khajni, District Gorakhpur. In an order dated 22 May 2025, a bench led by Justice JJ Munir had…
‘Committing Adultery’ Different from ‘Living in Adultery’; Maintenance Cannot Be Denied for One-Time Lapse: Patna High Court
The Patna High Court, in a significant judgment under Section 125 of the Code of Criminal Procedure, clarified the legal distinction between a wife “committing adultery” and “living in adultery”, a key factor in determining her eligibility for maintenance. The ruling came in the case titled Babul Khatoon & Ors. VERSUS…
State Can Blacklist Fraudulent Firm Without Statutory Power to Prevent Contractual Engagement: Rajasthan High Court
The Rajasthan High Court ruled that the power to blacklist a contractor lies inherently with the party allotting the contract and does not require statutory backing. This principle was reaffirmed in the case of M/S Soltown Infra Private Limited & Ors. versus Central Transmission Utility of India Ltd., where the Court…
‘Clear Case of Consent’: Rape Acquittal Upheld as Victim Stayed Silent Until Late in Pregnancy: Gujarat High Court
The Gujarat High Court has upheld the acquittal of Anilbhai Babubhai Dudhat, who was accused of rape, criminal trespass, and intimidation, ruling that the facts and conduct of the alleged victim indicated a consensual relationship rather than an act of forcible sexual assault. The judgment was passed by a Division…
Vacancy Notification Merely an Invitation to Apply, Not a Right to Appointment: Jammu & Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh, in a recent judgment, reaffirmed the settled legal principle that mere participation in a recruitment process does not confer an indefeasible right to appointment. The case involved Sushant Khajuria, who approached the Court claiming entitlement to appointment as a…
Petty Family Disputes Not Dowry Harassment; Husband’s Acquittal in Abetment Case Upheld Where Wife Self-Immolated: Gujarat High Court
The State of Gujarat filed an appeal before the Gujarat High Court against the 2014 judgment passed by the Additional Sessions Judge, Morbi, which had acquitted the accused — including the husband Paresh Shantilal and his family members — in a case involving allegations under Section 498A, Section 304B, Section 306,…
Cheating Case Against District Court Lawyer Transferred Due to 'Undue Influence' and Fair Trial Concerns: Punjab & Haryana High Court
The Punjab & Haryana High Court recently ordered the transfer of a cheating trial from the district of Amritsar to Hoshiarpur, holding that the petitioner’s inability to secure effective legal assistance due to the accused being lawyers practicing in the same Court created a hostile environment compromising a fair…
Mere Use of Encroached Forest Land Doesn’t Make a Person a Necessary Party in Owner’s Eviction Case: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that persons merely using a path or road built over forest land without any ownership or legal rights cannot challenge eviction orders passed against actual encroachers. The Court ruled that such individuals lack locus standi to interfere in legal proceedings initiated by the…
FIR Ordered in Custodial Death Case of Dalit Law Student: Bombay High Court
The Bombay High Court has directed the registration of a First Information Report (FIR) in connection with the custodial death of 35-year-old Dalit law student Somnath Suryawanshi, who died on December 15, 2024, after being arrested during protests in Parbhani, Maharashtra. The order came from a division bench…