Blame for non-appearance cannot be shifted to accused, it is the duty of police: Supreme Court

Recently, the Supreme Court made it plain that it is the responsibility of the police to ensure that incarcerated criminal defendants are brought before the trial court. [Satendra Babu vs. Uttar Pradesh State] A bench of Justices BR Gavai and Prashant Kumar Mishra stated that the imprisoned accused cannot be held accountable for any such […]

Calcutta High Court authorises Ganesh Puja on public property where Durga Puja was permitted; says right to life includes festival celebrations.

The right to life under Article 21 of the constitution also encompasses the rights to practise and celebrate festivities and ceremonies irrespective of religion, the Calcutta High Court said on Friday while allowing an organisation to celebrate Ganesh Puja festival on public territory. The single-judge Justice Sabyasachi Bhattacharyya observed that the Asansol Durgapur Development Authority […]

leniency of courts and acceptance of apology from contemnors causes litigants to disobey orders: Supreme Court

In a strongly worded opinion, the Supreme Court lamented that litigants frequently disobey court orders because courts are lenient towards those found culpable of contempt of court proceedings and close such proceedings if the offenders subsequently apologise. Hiralal Somabhai Contractor vs. Balwantbhai Somabhai Bhandari The bench of Justices JB Pardiwala and Manoj Misra stated that […]

Supreme Court finds former wife “clearly wanted to wreak vengeance” While Quashing criminal proceedings agAinst in-laws

The Supreme Court of India dismissed a criminal case submitted under Section 498A of the Indian Penal Code (IPC) against the ex-in-laws of a woman for cruelty and harassment. [Abhishek vs. Madhya Pradesh State] A bench composed of Justices Aniruddha Bose, PV Sanjeev Kumar, and SVN Bhatti determined that the allegations of marital maltreatment and […]

Recorded phone conversation admissible even if obtained illegally: Allahabad High Court

The Allahabad High Court ruled that a telephone conversation between two defendants cannot be excluded from evidence on the basis that it was unlawfully obtained. [Mahant Prasad Ram Tripathi @ M.P.R. Tripathi vs. State of Uttar Pradesh through CBI/A.C.B., Lucknow and Others] Justice Subhash Vidyarthi made the remark while affirming a lower court’s decision not […]

A separate lawyer appointed to represent a child in custody battle by Kerala High Court

At first, the Kerala High Court appointed a separate attorney to represent a minor in a custody dispute. Due to the fact that both parents were fighting for custody of the child, the High Court determined that there was no one to defend the child’s best interests. A division bench composed of Justices A Muhamed […]

Union territory status for Jammu and Kashmir won’t last forever: SUPREME COURT

The Central Government argued that Jammu and Kashmir’s status as a Union Territory is only temporary and that its statehood will be restored, whereas Ladakh will remain a Union Territory. [In reference to Constitutional Article 370] A Constitution Bench consisting of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, […]

Guidelines for arrest of Husband in cruelty cases issued by Calcutta HC; No automatic arrest

The Calcutta High Court issued a circular last week outlining arrest procedures to be followed by the State police and criminal tribunals, particularly in cases involving cruelty to wife under Section 498A of the Indian Penal Code (IPC) or the Dowry Act. According to a notification issued by the Calcutta High Court on August 23, […]

Women law clerks allowed to work from home during menstrual cycles: CJI DY Chandrachud

Chief Justice of India (CJI) DY Chandrachud stated today that he allows female law clerks to work from home when they experience menstrual-related health issues. The CJI stated that he allows female law employees to work from home if they are experiencing menstrual cramps. “Last year, four out of five law clerks were female. It […]

contributions of Homemakers are immeasurable Punjab and Haryana High Court

The Punjab and Haryana High Court recently stated that a homemaker’s contributions cannot be quantified while increasing the widow’s compensation [Dayawanti vs. Arjun and Others]. Justice Sanjay Vashishth remarked that a housewife has numerous responsibilities that comprise a wide variety of duties. The commitment of housewives is indisputable, and their contributions to the intricate fabric […]

Severable Arbitral awards can be partly set aside under Section 34 of The Arbitration Act: Delhi High Court

The Delhi High Court ruled on Monday that under Section 34 of the 1996 Arbitration and Conciliation Act, courts may set aside a portion of an arbitral award if that portion is susceptible of being severable or validly severed from the remainder. Trichy Thanjavur Motorway Ltd vs. Justice Yashwant Varma observed that the 1996 Act’s […]

The act of wife insisting on living separately, without any justification amounts to cruelty : Delhi High Court

Recently, the Delhi High Court ruled that if a wife insists on living apart from her husband’s family members without a legitimate reason, it can be considered cruel. The statement was made by Justices Suresh Kumar Kait and Neena Bansal Krishna while dissolving a marriage on the grounds of cruelty and desertion, and after the […]

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