Legal heir's absence no ground to refuse mutation of property
Case BriefsHigh Courts

“A share was earmarked to the excluded sharer as well, even though the same might not preclude the rights of the excluded sharer to challenge the partnership deed.”

Hijab in School Row
Case BriefsHigh Courts

On October 10, the guardians of the student, allegedly accompanied by over six persons, forcefully entered the school premises and manhandled the security personnel. Another group reportedly gathered outside the school gates and began raising slogans in protest.

ill-treating stepchildren is cruelty
Case BriefsHigh Courts

“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”

Bail to 25-year-old murder accused
Case BriefsHigh Courts

“The victim tried hanging herself due to the trauma caused because of the accused’s attempt to commit penetrative sexual assault. He brought her down, but when she started shouting, he smothered her which led to her brain death.”

Exploitation in Surrogacy
Case BriefsHigh Courts

“For want of better words, prima facie, we can only say that we are shocked by what we have seen within the factual matrix of this case.”

Mitakshara Hindu's property devolves on male heir
Case BriefsHigh Courts

“Before the enactment of the Succession Act, succession to the property of Hindus, whether ancestral or self-acquired, was governed by the pristine principles of Hindu law as embodied in the Shastric texts and Smritis.”

Denial of medical insurance claim violates Article 21
Case BriefsHigh Courts

“After accepting the policy, and availing the premium year after year, the insurer cannot later repudiate the claim on the ground of some ambiguity. In such cases, the principles of estoppel come into picture, which prevents the insurer from taking advantage of its own failure in disclosing the entire aspect with respect to the coverage of insurance.”

Stay on State-ordered judicial inquiry into ED
Case BriefsHigh Courts

“The audio clip and letter found, alleged coercion of ED officers to implicated CM Pinarayi Vijayan and other political leaders in a case involving seizure of 30 kg of gold worth Rs 14.82 crore at the Thiruvananthapuram International Airport on 06-07-2020, which was allegedly marked as ‘Diplomatic Baggage’ and was being sent to the UAE Consulate.”

foreign liquor corruption case
Case BriefsHigh Courts

“The misappropriated amount showed that the foreign liquor found in shortage was a gigantic quantity and therefore, prima facie, it could not be held that the shortage occurred because of some unintentional omissions or oversights.”

school cannot assert ownership without title deed
Case BriefsHigh Courts

“The land stated to be a playground was situated 500 meters away from the school and the fact that it was earlier used for conducting District and State Level School Sports Meets could not be used to indicate that the playground belonged to the school”

Bar on anticipatory bail under SCST Act
Case BriefsHigh Courts

“The prima facie conclusion that the accused had not committed any offence under Sections 376(2)(n) and 506 IPC, automatically lead to a conclusion that they had not committed an offence under Section 3(2)(v) of the SC/ST Act.”

cognizance of rape
Case BriefsHigh Courts

“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”

Individuals Availing Sex Workers Can Be Prosecuted
Case BriefsHigh Courts

“A person utilising the service of a sex worker at a brothel cannot be termed a customer. To be a customer, a person should buy some goods or services. A sex worker cannot be denigrated as a product”

government sanction for aided college appointments
Case BriefsHigh Courts

“Following the 2005 amendment, the creation of posts became subject to the decision of the Government, and the Syndicate’s role was shifted to approving appointments in accordance with that decision.”

False promise of marriage when victim married
Case BriefsHigh Courts

“The prosecution could not convince the Court that the custodial interrogation of the accused was necessary but opined that he must subject himself to interrogation for the purpose of completing the investigation under a limited custody”

Disproportionate assets case against Ex-DGP Thachankary
Case BriefsHigh Courts

“If the State, whose duty it was to bring the offenders to justice, took sides with an accused and permitted him to dictate the manner in which the investigation against him was to progress, it would be antithetical to the concept of ‘the rule of law’.”

Thomas Issac appointment as advisor to KKEM
Case BriefsHigh Courts

“The Court remarked that it was unfortunate that Dr. Issac was compelled to be subjected to such a petition and had to file an affidavit to reiterate his credentials.”

renunciation of citizenship
Case BriefsHigh Courts

“Even though all necessary formalities might have been completed, as per Section 14A of the of the Pakistan Citizenship Act 1951, a Renunciation Certificate is mandatory, and it cannot be waived of stating that the documents produced are sufficient to show that the respondents have renounced their Pakistani citizenship and, as such, they still continue to be citizens of Pakistan.”

Punjab & Haryana HC grants bail in SC/ST Act case; Questions applicability of Act against accused belonging to deprived scheduled caste
Case BriefsHigh Courts

“In the absence of any specific law enabling the acquisition of property belonging to a minority educational institution, it was not possible for the State to acquire the Venkateswara School’s land.”