High Courts
Wife's Occasional Refusal To Have Physical Relations Not Cruelty To Husband Under Hindu Marriage Act: Madhya Pradesh High Court
The Madhya Pradesh High Court recently observed that a wife's occasional refusal to cohabit with her husband does not amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, unless there is a persistent denial of conjugal relations. In its order passed earlier this week, a Bench of Justice Vishal Dhagat and Justice Ramkumar Choubey also noted that any wife can expect...
'Elections Are Lifeline Of Democracy, Must Be Free, Fair & Transparent; Each Vote Matters': Uttarakhand High Court
The Uttarakhand High Court recently observed that elections are the lifeline of democracy, and since each vote matters, polls must be conducted in a free, fair, and transparent manner. A bench of Justice Ravindra Maithani made the observation while hearing a writ petition filed by Pushpa Negi, who sought directions to ensure that the upcoming election of the Chairman of Zila...
In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court
The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing...
Failure To Commence Trial Violates Wife's Fundamental Rights: Allahabad High Court Orders Daily Hearing In Cruelty Case Pending For 21 Yrs
While dealing with a wife's prayer to direct the Trial Court to commence hearing a cruelty case, the Allahabad High Court observed that it was regrettable that after more than 2 decades of filing FIR & chargesheet, the trial had not commenced.Stating that the Court was conscious of the Trial Court's workload, Justice Vinod Diwakar observed“Notwithstanding the considerable lapse of...
Kerala High Court Advocates' Association Takes Exception To Appointment Of Students As Amici, Writes To CJ Seeking Rules Of Engagement
The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the Kerala High Court outlining the need to incorporate Rules in the Rules of the High Court of Kerala regarding the engagement of amicus curiae in cases.Last week, one of the Benches of the Court had appointed two law students as amici curiae in a bail application related to an offence under the NDPS Act...
Presumption U/S 139 NI Act Exists Even If Cheque Issued To NBFC That Charged Interest In Excess Of Money Lenders Act: Kerala High Court
The Kerala High Court has held that the presumption in favour of a cheque holder under Section 139 of the Negotiable Instruments Act exists even if the non-banking financial company (NBFC) to which the cheque was issued charged interest higher than that permissible under the Kerala Money-Lenders Act.Justice M.B. Snehalatha observed:“The Hon'ble Apex Court held that the entire life of a...
Rajasthan High Court Monthly Digest: July 2025
Citations: 2025 LiveLaw (Raj) 222 To 2025 LiveLaw (Raj) 256NOMINAL INDEXKailash v State of Rajasthan; 2025 LiveLaw (Raj) 222Kiran Yadav v The State of Rajasthan & Ors.; 2025 LiveLaw (Raj) 223Kumari Neelam v Jai Prakash Natani & Ors.; 2025 LiveLaw (Raj) 224Shivsingh Meena v State of Rajasthan; 2025 LiveLaw (Raj) 225M/s My Own Eco Energy Private Limited v Union of India & Ors.;...
HP Co-Operative Societies Act | No One Can Be Condemned Unheard, Even If Act Does Not Have Provisions For Filing Objections: High Court
The Himachal Pradesh High Court held that even if the Himachal Pradesh Co-operative Societies Act, 1968, does not have specific provisions for filing objections in execution proceedings, the principles of natural justice must apply and the judgement debtor must be given an opportunity to be heard.Setting aside the order of Collector-cum-Deputy Registrar, Mandi Justice Ajay Mohan Goel...
Post-Termination Restrictive Covenants In Employment Contracts Are Void U/S 27 Of Contract Act: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that post-service restrictive covenants in employment contracts, which operate after cessation of employment, are void and are not enforceable under Section 27 of the Indian Contract Act, 1872 (“Contract Act”) and violate Article 19(1)(g) of the Constitution. The court vacated the injunction granted in an...
“Holding Firearm Licence Is Not A Fundamental Right”: J&K&L HC Upholds Revocation Of Man's Arms Licence For Brandishing Gun At Magistrate
The Jammu & Kashmir and Ladakh High Court has upheld the cancellation of an arms licence issued to an elected District Development Council (DDC) member from Poonch after finding that he had brandished his licensed pistol at a Tehsildar and an anti-encroachment team, including the SDM and SDPO, during an official operation.A bench of Justice M.A. Chowdhary held that the case was not about...
HUF Cannot Be Prosecuted After Death Of Karta: Telangana High Court Abates Proceedings Against Late Ramoji Rao In RBI Act Violation Case
The Telangana High Court has quashed criminal proceedings against late Ch. Ramoji Rao (petitioner 2) on the grounds that criminal proceedings— which involved allegations of receiving deposits from the public in violation of Section 45S of the Reserve Bank of India Act and failure to repay them within the prescribed period, stood abated following his death, as he was the sole Karta of the...
'Previous Decisions Taken By Gram Panchayat Cannot Be Cancelled Merely Due To Change In Body Of Representatives': Bombay High Court
The Bombay High Court (Nagpur Bench) has held that a subsequent change in the elected body of a Grampanchayat does not, by itself, justify the cancellation of decisions or resolutions passed by its earlier body. Such an approach would undermine the stability of local administration and is contrary to the purpose of Panchayati Raj institutions.A Division Bench of Justice Smt. M. S. Jawalkar...