Bringing you the Best Analytical Legal News
“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”
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Termination of Pregnancy Beyond 26 Weeks Allowed Considering Medical Board’s Unambiguous Opinion on Foetal Anomalies: Bombay HC
“Bombay High Court allowed termination beyond 26 weeks based on the Medical Board’s finding of serious foetal abnormalities and the petitioner’s financial constraints.”
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Inquiry Into Forged Judicial Orders Must Precede Consideration of Recall Application: Bombay HC Directs Registrar General to Lodge Complaint
The Court held that the issue of how and at whose instance the forged judicial orders came into existence must first be investigated, and directed the Registrar General to lodge a police and cyber cell complaint, deferring consideration of the recall application until completion of the inquiry.
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Delhi HC Modifies Family Court Order Granting Overnight Custody On Finding Child Had Never Stayed with Father; Says Direction Inconsistent with Findings on Child’s Comfort Level
Delhi High Court held that overnight custody was not warranted where the child had never stayed overnight with the father and required further time to acclimatise, the Court thus modified the Family Court’s order and granted the father extended daytime custody instead.
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Relieving letter is consequential upon acceptance of resignation; employer justified in withholding it where resignation is in breach of service bond: Bombay HC
Bombay High Court, in a petition concerning enforcement of a service bond and issuance of a relieving letter to an aircraft technician trained under an airline arrangement, held that the Industrial Court’s interim order was unsustainable, emphasising that resignation in breach of the bond cannot compel the employer to issue such documents.
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Pharmacies Can Sell Below MRP But Cannot Display Vague Discount Boards; Drugs Controller’s Licensing Condition Upheld: Kerala High Court
The Court viewed that the power of the licensing authority to stipulate certain conditions while submitting applications for the grant of a licence cannot be said to be arbitrary or warranting an interference by this Court.
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Karnataka High Court permits Total Abdominal Hysterectomy of 23-year-old woman with severe intellectual disability, citing her welfare and best interests
“Disability, by itself, can never constitute a ground either to authorise the removal of a reproductive organ or to deprive a person of reproductive autonomy. Any such approach would be inconsistent with the constitutional guarantees recognised by the Supreme Court and with the dignity accorded to persons with disabilities under the Constitution and the statutory framework governing their rights.”
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Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment
The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.
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Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court
Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.
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Better possessory title prevails over mere occupation: Delhi High Court dismisses second appeal in JJ Colony property dispute
Deciding a second appeal arising from a long-standing dispute over a JJ Colony property, the Court upheld a decree for possession in favour of the respondent, observing that while the respondent successfully traced her rights to the original allottee through documentary evidence, the appellant failed to substantiate her competing claim with any credible material.
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No surrender of tenancy without agreement or decree; Continuous acceptance of rent entitles tenant to repossession: Bombay HC
The Court held that tenancy cannot be said to have been surrendered in absence of a decree of eviction or a valid agreement evidencing surrender, and that temporary handing over of premises for a limited purpose does not extinguish tenancy rights, particularly when rent continued to be paid and accepted.
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Whether a Shared Autorickshaw Used for Office Commute Constitutes a “Workplace” Under POSH Act? Bombay HC Answers
Bombay High Court considered the scope of “workplace” under the POSH Act in relation to an incident allegedly occurring during a shared autorickshaw commute to work.
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In Absence of Income Proof, Minimum Wages Act Governs Notional Income in Motor Accident Claims: Andhra Pradesh HC Enhances Compensation from ₹12.4 lakh to ₹16.92 Lakh
The Court allowed the motor accidents appeal and enhanced the compensation in a motor accident claim, by awarding 40 per cent additional income towards future prospects and ₹40000 to each claimant under the head of loss of consortium.
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The Court observed that a citizen cannot claim an unrestricted right to engage in any activity merely because it is not expressly prohibited by law; Constitutional freedoms must be balanced against societal interests and corresponding civic obligations.
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Delhi High Court held that acceptance of pagri does not make a tenancy perpetual or confer ownership rights on a tenant. Upholding an eviction decree, the Court held that filing of the suit itself amounted to notice of termination and found the Delhi Rent Control Act inapplicable to the premises.
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The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.
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Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to
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Delhi High Court ruled that the mandatory 30-day notice period under the Special Marriage Act cannot be relaxed merely because one of the parties is required to join employment abroad, emphasising that courts cannot bypass express statutory requirements.
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Meena Kumar Rohra, a close associate of HDIL promoter Rakesh Kumar Wadhawan, was directed to disclose her assets on oath within four weeks, with the injunction restraining her from disposing of assets continuing in force.
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In the present case, the Gauhati High Court examined the validity of a murder conviction based primarily on confessional statements recorded under Section 164 CrPC and alleged extra-judicial confessions.
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