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Distinction Between Mental Illness And Intellectual Disability Clarified In Legal Context: Delhi High Court
The Delhi High Court recently clarified the difference between "unsoundness of mind" and "mental retardation" from both medical and legal perspectives. The Court explained that unsoundness of mind or mental illness typically involves disorders that affect a person’s thinking, judgment, perception of reality, or daily…
Exclusion Of Veterinary Doctors From Enhanced Retirement Age Of 65 Years Held Discriminatory: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that excluding veterinary doctors from the benefit of increased retirement age up to 65 years—a benefit already extended to Allopathic and Ayush doctors—is discriminatory, unconstitutional, and in clear violation of Article 14 of the Constitution of India. Veterinary doctors…
Intimidation Or Threats Against Woman Judge Amounts To Attack On Justice System, Warrants Strict Action: Delhi High Court
The Delhi High Court has stated that threatening or intimidating a judge, especially using gender-specific abuse, is not just a personal attack but a direct assault on the justice system itself. The Court emphasized that such acts undermine judicial decorum and the institutional integrity of the judiciary. Abuse…
Refusing Job Solely Due To Hepatitis B Infection Breaches Equality Mandate Under Article 14: Kerala High Court
The Kerala High Court has ruled that denying public employment solely on the basis of a Hepatitis B infection violates the right to equality under Article 14 of the Constitution of India. The Court emphasized that such a denial is discriminatory and unjustified, especially when medical evidence shows the candidate is…
Dowry Harassment Allegations Often Suppressed To Preserve Marriage, Notes: Calcutta High Court
The Calcutta High Court recently observed that First Information Reports (FIRs) are often not lodged in cases of dowry demand or dowry harassment because families try to preserve the marriage relationship. The Court emphasized that this social tendency does not mean such allegations are false. Court rules silence does…
Juvenile Justice Act Prevails Over NIA Act, Minor Accused Under UAPA To Face Trial Before Juvenile Court: Madhya Pradesh High Court
The High Court recently addressed a significant legal question involving the intersection of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the National Investigation Agency Act, 2008. The case centered around whether a juvenile, charged under the Unlawful Activities (Prevention) Act (UAPA), a…
Engaging Domestic Help For Childcare Not Valid Reason To Refuse Custody To Mother: Bombay High Court
In Writ Petition No. 1398 of 2024 , the Bombay High Court at Aurangabad Bench addressed a child custody dispute where the Petitioner-husband challenged the Family Court's interim order granting custody of a child aged below 2 years to the Respondent-mother. The Family Court had also permitted the father to meet the…
No Blanket Exemption Under Section 8F Of Indian Stamp Act Read With Section 5 Of SARFAESI Act For Registration Of Asset Reconstruction Agreements: Kerala High Court
The Kerala High Court recently ruled on a dispute where an asset reconstruction company attempted to register asset reconstruction agreements entered into with two banks. The agreements were prepared on stamp paper worth ₹1 lakh, and the company offered to pay a registration fee of ₹25,000. However, the Registering…
Claim For Gratuity Interest Not Maintainable Through Miscellaneous Application After Writ Disposal: Allahabad High Court
RP Singh, a retired Office Assistant II from the Executive Engineer’s office in Ayodhya, retired in 2004. Upon retirement, he was paid most of his gratuity, but around Rs. 26,000 was withheld without explanation. After multiple requests went unanswered, RP Singh filed a writ petition seeking the release of this…
Referring To Courts As "Lower Courts" Undermines Constitutional Spirit; Trial Court Records Should Not Be Labelled As "Lower Court Record": Supreme Court
This case involves an appeal against convictions where the appellants challenged the fairness of the investigation conducted by the police and the decisions made by the Sessions Court and High Court regarding bail. The appellants were accused of serious offences including murder, but during the bail proceedings,…