Bringing you the Best Analytical Legal News
Section 16 of the Hindu Marriage Act, 1955 legitimises a child born out of a void marriage, enabling such child to succeed to the deceased parent’s share in ancestral property.
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Delhi High Court held that a bank cannot unilaterally reduce the interest rate on a court-attached fixed deposit without notifying the affected parties or obtaining the Court’s directions and upheld the Single Judge’s order directing payment of interest at the higher rate.
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Karnataka High Court considered a complaint against an advocate who allegedly continued practising for nearly a decade without clearing the All India Bar Examination (AIBE), despite the two-year limit on provisional enrolment. The Court also examined the scope of the Bar Council’s disciplinary powers and the complainant’s right to initiate criminal proceedings.
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The Court held that, on the admitted lapse and the bail already granted to a co-accused, regular bail was warranted.
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The Court noted that the Social Investigation Report does note the character of the neighbourhood and suggested that some protective custody may be appropriate but did not record any criminal antecedents or any specific material indicating that he is a hardened offender.
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The Calcutta High Court held that no infringement of a right relating to the trade name or other intellectual property had been alleged, hence the suit was maintainable before the Commercial Division.
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The parties’ marriage gave rise to multiple matrimonial proceedings, culminating in a decree of divorce passed by the Family Court on the ground that an earlier decree for restitution of conjugal rights had remained uncomplied with. The wife challenged the said decree in the present appeal.
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“Where a juvenile is found guilty of the offence alleged to have been committed, he simply cannot go unpunished, but what punishment should be awarded, must be left to the Juvenile Justice Board constituted under the Act.”
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The High Court held that in a case of warrant case, in the absence of legal heirs on the death of the complainant during the proceedings, right of legal heirs of the deceased complainant to continue prosecution.
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The Court noted that if no sitting Judge were made available, the State is to constitute a Commission headed by a retired Judge of the Calcutta High Court, in accordance with the Commissions of Inquiry Act.
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Answering whether placement of penis on vagina constitutes penetrative sexual assault, the Kerala High Court held that where a 3-year-old victim stated that the accused removed her undergarment, placed his penis on her vagina, and she immediately experienced pain and cried, the act could not be reduced to a mere touch under Section 7, POCSO Act.
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The Court held that the School Tribunal’s approach was perverse as it overlooked the actual charges against the peon.
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The Court held that the expression “at its option” under Section 36(1)(vii-a)(a), Income-tax Act, 1961, could not be treated as surplusage or deprived of their ordinary meaning.
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The High Court held that the custody period, that is around 1 year and 7 months, had not progressed to such a stage as would warrant interference merely on the ground of the period of incarceration already suffered by the petitioner.
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The Court held that mere presence at a demonstration does not establish offences under Sections 223(a) and 3(5) BNS, i.e. disobedience of a duly promulgated order by public servant.
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The Court found prima facie nexus between the petitioner and entities allegedly involved in diversion of government funds; observes that abuse of official position cannot be ruled out at this stage.
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The Court noted that original recordings of the telephonic conversations were sent to CFSL for expert opinion and till date had not been filed before the trial court. Any material which has not been filed on the trial court’s record cannot be supplied to an accused person.
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The Court directed the registration authorities to delete the subject property from the list of prohibited properties under Section 22-A, Registration Act, 1908 and register the property as per the Registration Act and Stamp Act, 1899, holding Waqf Board’s claim on property was contrary to Court orders and they cannot ignore final decree passed by Court.
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The Bombay High Court quashed criminal proceedings arising out of allegations that the accused persons had induced and pressured a complainant and his wife to convert to Christianity.
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The Karnataka High Court held that subsequent remarriage does not per se extinguish a wife’s right to permanent alimony but is a material change which needs to be considered while determining the quantum.
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