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Forwarding Fake News Clipping on WhatsApp Does Not Amount to Forgery Unless Fabrication Is Proven: Gujarat High Court
In a significant judgment, the Gujarat High Court has ruled that merely forwarding a newspaper clipping on WhatsApp does not amount to an offence under Indian Penal Code unless there is concrete evidence of forgery or malicious intent. The case involved a petitioner who was accused of circulating fake news, but the…
Mediation Cannot Be Forced in Mutual Consent Divorce Cases; Trial Court Order Set Aside: Calcutta High Court
The Calcutta High Court has held that couples seeking divorce by mutual consent cannot be compelled to undergo mediation against their wishes. The Court set aside the order of the Trial Court which had dismissed a joint divorce petition only because the husband and wife did not appear before the mediator. The Division…
SC/ST Act Charge Set Aside; Alleged Caste Remarks Inside Private Office Do Not Meet 'Public View' Requirement: Delhi High Court
The Delhi High Court has set aside the order framing charges under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against management officials of Trans World Radio India. The Court held that even if the allegations made by the complainants were accepted at face value,…
Working Wife Earning Sufficient Independent Income Cannot Seek Interim Maintenance Solely on the Ground of Exorbitant Living Costs Abroad: Bombay High Court
The Bombay High Court has refused to grant interim maintenance to a professionally qualified woman residing and working in the United States, holding that Section 24 of the Hindu Marriage Act, 1955 applies only where a spouse does not have sufficient independent means to maintain himself or herself during the pendency…
State Constitutionally Bound to Decide KAAPA Detainee's Representation Irrespective of Pending Decision by Advisory Board: Kerala High Court
The Kerala High Court has held that the State Government is under an independent constitutional obligation to consider a representation submitted by a person detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 without waiting for the opinion of the Advisory Board. The Court ruled that delaying the…
Sentence Suspension Pleas of Two Convicts in 2017 Actress Rape Case Rejected: Kerala High Court
The Kerala High Court has dismissed separate applications filed by Saleem H. @ Vadival Salim and Pradeep seeking suspension of their sentences after their conviction in the 2017 actress assault case. The Court held that suspension of sentence after conviction cannot be granted as a matter of routine and that a…
Domicile Relaxation Available to All; SC Candidate Cannot Be Deprived of Availing Unreserved Vacancy: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has held that a reserved category candidate cannot be denied appointment against an unreserved vacancy merely because the candidate availed a physical relaxation that was available equally to all candidates belonging to a particular geographical region. The Court clarified…
Cheque Dishonour Conviction Upheld; Mere Claim of Blank Security Cheque Cannot Rebut Legal Presumption: Delhi High Court
The Delhi High Court has upheld the conviction of Pardeep Kumar in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The Court held that once an accused admits issuing the cheque and admits his signatures on it, the legal presumption under Section 118 of the Negotiable Instruments Act,…
Father's Duty to Maintain Minor Child Does Not End Because Mother Is Employed; Her Income Is Relevant Only for Determining the Quantum: Madhya Pradesh High Court
The Madhya Pradesh High Court has ruled that a father's legal responsibility to maintain his minor child does not come to an end merely because the child's mother is employed and earning. The Court clarified that the mother's salary can be considered while deciding the amount of maintenance, but it cannot be used as a…
Tender Cannot Be Cancelled on the Ground of Expiry of Bid Validity After Invoking Extension Clause: Patna High Court
The Patna High Court has held that once a tendering authority invokes the contractual mechanism for extension of bid validity under the Standard Bidding Document (SBD) and obtains the bidder's consent, it cannot later cancel the tender only by citing expiry of the original bid validity period. The Court ruled that…
