Showing 10512 articles
Challenge to Nine-Year-Old Appointment by New Petitioners Not Permissible If Previous Petitions Were Dismissed Due to Delay: Kerala High Court
In a significant ruling, the Kerala High Court addressed the complexities surrounding the appointment of Dr. K. Jayaprasad as a Professor at the Central University of Kerala. A Division Bench, comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar, dismissed a writ appeal challenging the earlier decision of…
‘Arbitrary’ Vehicle Confiscation Violates Fundamental Right to Trade Under Article 19(1)(g): Allahabad High Court
In a notable judgment, the Allahabad High Court addressed the issue of vehicle confiscation under the U.P. Prevention of Cow Slaughter Act, 1955, highlighting the potential violation of fundamental rights guaranteed under the Constitution of India. Case Overview The case, titled Kamare Alam vs. State Of U.P. And 2…
Conviction in Sexual Assault Case Under POCSO Act Upheld: Patna High Court
In a significant ruling by the Patna High Court, the conviction of Raju Kumar under the Section 376 of the Indian Penal Code and Section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act has been upheld. The judgment emphasizes the importance of safeguarding children and the seriousness of sexual…
Partner and Relatives Cannot Face Cruelty Charges Without Legal Marriage: Kerala High Court
In a significant ruling, the Kerala High Court recently quashed a criminal case lodged under Section 498A of the Indian Penal Code (IPC) against a petitioner husband. The judgment underscores the essential requirement of a legal marriage for prosecuting allegations of cruelty. Case Background The case, titled X v.…
Accused Acquitted Under POCSO and IPC Due to Victim's Age and Credibility Concerns: Patna High Court
In a significant ruling, the Patna High Court has acquitted a man accused of sexual offenses under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The court determined that the victim was above 18 years of age at the time of the alleged incident, rendering the provisions of the POCSO Act…
Divorce Petition Within 1 Year of Marriage Barred, Allowed Only in Exceptional Hardship Cases: Allahabad High Court
In a significant ruling, the Allahabad High Court addressed the nuances of divorce proceedings under the Hindu Marriage Act, 1955. The case, involving Smt. Alka Saxena as the appellant and Sri Pankaj Saxena as the respondent, highlighted critical sections of the Act, particularly Section 14(1) and Section 13(1-A)(ii).…
Allegations of Adultery Against Wife Must Be Resolved Prior to Deciding Maintenance Application Under Section 125 CrPC: Allahabad High Court
In a recent ruling, the Hon'ble Court examined the validity of an interim maintenance order awarded to Smt. Jyotsana, the wife of Dr. Virender Kumar, under the Hindu Marriage Act. The case, identified as Criminal Revision No. 6106 of 2023, highlights significant issues related to maintenance claims, particularly in…
Termination Without Section 25F Notice; Monetary Compensation Adequate When Employee Found in Similar Employment: Bombay High Court
In a recent judgment, the Bombay High Court, Nagpur Bench, addressed the case of a casual labourer who challenged the termination of his employment. The petitioner, Shri Sharad S/o Madhavrao Mohitkar, contended that his services were terminated without following due procedure as mandated by Section 25F of the…
Bank’s Rights Under SARFAESI Act Prevail Over EPFO Claims in Cheque Bounce Case: Madras High Court
In a landmark decision regarding the rights of secured creditors, the Madras High Court has ruled in favor of a private bank in its dispute against the Employees' Provident Fund Organisation (EPFO). The court's judgment underscores the importance of the SARFAESI Act and the rights of financial institutions to recover…
Man Accused of Assaulting 4-Year-Old Child Denied Bail, Citing Cultural Reverence for Young Girls: Allahabad High Court
In a recent ruling, the Allahabad High Court denied bail to Ahsan, accused of sexually assaulting a 4-year-old girl. The court emphasized the serious nature of the allegations, noting that the victim's statements recorded under Sections 161 and 164 of the Code of Criminal Procedure (CrPC) supported the prosecution's…
