Showing 10525 articles
Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: Jammu And Kashmir High Court
Srinagar, 12th July 2024 – In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has ordered an investigation into irregularities concerning the custody of a minor. The judgment, delivered by Justice Moksha Khajuria Kazmi, highlights serious concerns regarding the procedural integrity of a custody…
Citizens free to choose partner but cannot file forged documents for protection: Allahabad High Court
In a significant development, the Hon'ble Justice Vinod Diwakar of the Allahabad High Court has issued a directive to scrutinize the validity of marriage certificates issued by certain organizations in Uttar Pradesh. The order, delivered on July 24, 2024, focuses on alleged fraudulent practices concerning the…
First generation lawyers, non-NLU grads struggle to get accepted into chambers, law firms: Supreme Court
New Delhi – In a landmark ruling on Monday, the Supreme Court of India addressed the barriers faced by marginalized communities, first-generation lawyers, and law graduates from non-NLU backgrounds in gaining acceptance within senior legal chambers and law firms. The Court's bench, comprising Chief Justice of India…
POCSO Courts Must Be Vigilant Where Mother Embroiled In Custody Battle Accuses Father Of Sexually Abusing Child: Kerala High Court
In a landmark decision under the Protection of Children from Sexual Offences (POCSO) Act, the Kerala High Court has delivered a crucial judgment addressing the interplay between serious allegations and custody disputes. Here’s a detailed breakdown of the case and its implications: Background: The case revolves around…
Income Tax Act, Court Allows Refund Claim After Condoning Delay Due to Genuine Hardship: Rajasthan High Court
Rajasthan High Court has recently ruled in favor of a petitioner, allowing the condonation of delay in claiming a tax refund, due to genuine hardship. This decision hinges on Section 119(2)(b) of the Income Tax Act and highlights the court's willingness to accommodate taxpayers facing severe personal challenges. Case…
Non-Signatories Bound By Arbitration Clause When Purchasing Property From Agreement Parties: Karnataka High Court
In a significant ruling, the High Court has addressed the complexities surrounding the Arbitration and Conciliation Act, 1996 (the "Act of 1996") and the application of the doctrine of lis pendens. The case involves an appeal challenging the enforceability of an interim order related to properties bought during…
Bar Councils Can't Collect More Than Amount Specified Under S.24 Of Advocates Act As Enrollment Fee : Supreme Court
New Delhi: In a significant decision impacting legal professionals across India, the Supreme Court has ruled that State Bar Councils (SBCs) and the Bar Council of India (BCI) cannot charge enrolment fees beyond the amount specified in Section 24(1)(f) of the Advocates Act, 1961. This landmark judgment, delivered by…
Court Acquits Accused in Murder Case under IPC Section 302 Due to Contradictions in Witness Testimonies: Allahabad High Court
In a significant ruling, the High Court of Allahabad has acquitted Narendra Singh, Dharmendra Singh, and Ramesh Yadav, who were previously convicted for the murder of Vijay Bahadur Singh. The court’s decision was based on major contradictions and inconsistencies in the testimonies provided by the prosecution…
Can't Quash Rape FIRs Based On Settlement In 'Routine Manner', There Must Be 'Extraordinary Circumstance': Madhya Pradesh High Court
On July 19, 2024, the High Court of Madhya Pradesh, Indore Bench, delivered a significant judgment in the Miscellaneous Criminal Case filed under Section 482 of the Code of Criminal Procedure, 1973. The petition sought to quash the FIR registered against XYZ, the applicant, in connection with a severe criminal…
VIII Rule 1 of CPC, Filing Written Statement Within Maximum Period Of 90 Days Is Directory Not Mandatory: Jharkhand High Court
Ranchi, June 26, 2024: The Jharkhand High Court, presided by Hon’ble Mr. Justice Subhash Chand, has set aside the impugned order dated March 18, 2017, passed by the Civil Judge (Senior Division)-I, Lohardaga, in Title Suit No. 03 of 2012. The court granted relief to the petitioners, Mosomat Dukho Orain and her sons,…