Ritu, Author at SCC Times

Man and woman living together does not constitute bigamy without proof of second marriage: Rajasthan High Court

Even if it is presumed that the petitioner has performed Nata marriage, then also there is no proof that the same was done by following the marriage ceremonies required by the personal law governing the parties or by following the essential ceremonies for a Nata marriage.

Case Briefs High Courts

Mental cruelty can continue even after leaving matrimonial house and while residing at parental home: MP High Court

MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.

Case Briefs High Courts

Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court

MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.

Case Briefs High Courts

Rajasthan High Court stays anti-encroachment drive in Jalore

The residents of Odwada village in Jalore district faced an anti-encroachment drive on a 35-acre piece of pasture land, following Court’s previous order directing removal of encroachments from the government pasture land.

Case Briefs High Courts

MP High Court imposes Rs. 25,000/- cost on advocate for non-cooperation

MP High Court noted that during the last hearing on 07-05-2024, the Court explicitly stated that the case would be taken up at 2:15 P.M., however, the respondents’ counsel failed to appear before the Court, demonstrating non-cooperation.

Case Briefs High Courts

Termination of pregnancy | Nobody can be allowed to play hide and seek for committing an unborn child’s murder: MP High Court

MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.

Case Briefs High Courts

Advocates not to blindly follow client’s ‘unethical, illegal, or contrary to principles of justice’ instructions: Rajasthan High Court

“Courts should not hesitate in quashing the criminal proceedings which are essentially arising out of civil or commercial disputes between the two parties.”

Case Briefs High Courts

Insurance Company not liable if owner fails to produce evidence showing verification of driver’s skills before employment: MP High Court

Madhya Pradesh High Court noted that the Motor Vehicle Tribunal applied the principle of pay and recover based on the driver of the offending vehicle not having a valid and effective driving license at the time of the accident.

Case Briefs High Courts

MP High Court permits termination of minor rape survivor’s pregnancy despite exceeding 24 weeks gestation

Madhya Pradesh High Court asserted that “permitting for carrying out the pregnancy of a woman who is not in a position to manage herself will be creating great problems to her in future life.”

Case Briefs High Courts

State Bar Council’s refusal to grant separate recognition to High Court Advocates Bar Association not arbitrary: MP High Court

Madhya Pradesh High Court held that there was no justification for granting separate recognition to the petitioner association when the welfare schemes for advocates were already being administered through recognized bar associations.

Case Briefs High Courts

Contempt of Court | MP High Court imposes ₹1 lakh cost on news editor for vilification of a sitting judge in a 2011 news report

Madhya Pradesh High Court stated that despite opportunities, the respondent failed to offer a genuine apology or show remorse for his actions.

Case Briefs High Courts

‘Throwing 13-month-old child on floor’ in courtroom: MP High Court rejects application for FIR quashment in light of serious allegations

Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”

Case Briefs High Courts

MP High Court issues notice to Kareena Kapoor Khan for use of word ‘Bible’ in her pregnancy book’s title

Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?

Case Briefs High Courts

Mob lynching of rape accused| ‘People not allowed to take law in their hands’; Rajasthan High Court denies bail

“Mob-lynching practice is not acceptable in civilized society at any cost. We are not living in a barbarian society.”

Case Briefs High Courts

Lok Sabha Elections 2024 | MP High Court affirms rejection of INC’s substitute candidate’s plea to contest from Indore as ‘approved candidate’

Madhya Pradesh High Court opined that interference during the electoral process should be avoided, and issues regarding nomination rejection should be raised through an election petition rather than a writ petition.

Case Briefs High Courts

Exclusion of Professors/Department Heads indicates favoritism; Selection Committee playing ‘a game of pick and choose’: MP High Court

Madhya Pradesh High Court held that non-inclusion of Professors/Head of the Department in selection committee amounts to violating the mandate of Madhya Pradesh Makhanlal Chaturvedi Rashtriya Patrakarita Avam Sanchar Vishwavidyalaya Adhiniyam, 1990.

Case Briefs High Courts

No disciplinary action required for temporary employee’s termination due to unsatisfactory performance: MP High Court

Madhya Pradesh High Court stated that the petitioner, being an educational institution, is governed by specific laws and regulations concerning service conditions, which was not adequately considered by the Labour Court.

Case Briefs High Courts

No bar on permanent parole under Rule 14(c) of Rajasthan Parole Rules for overstaying temporary parole: Rajasthan High Court

Rajasthan High Court held that the present case falls under the category of cases of non-application of mind by the competent authority while rejecting the application for permanent parole.

Case Briefs High Courts

Unnatural sex by husband with wife not offence under Section 377 IPC: MP High Court

Madhya Pradesh High Court held that under Section 375 of IPC any sexual intercourse or sexual act by the husband with his wife not below the age of fifteen years is not a rape, therefore, absence of consent of wife for unnatural act loses its importance.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunals and Commissions Roundup April 2024 | Maggie Noodles consumer dispute, Bengaluru water crisis, Flipkart’s Liability, missing girls in Andhra Pradesh; and more

The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed a strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.