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The Allahabad HC has observed in Mahendra Pal Singh Lekhpal and anr vs. State of UP and anr that the proceedings instituted against public servants without obtaining a sanction under 197 CrPC are bad in law and can be quashed by filing an application under 482 CrPC. In the instant case, during a consolidation proceedin..

The Bombay HC, in a recent judgement titled Kanaka Kedar Sapre and anr vs. Kedar Narhar Sapre has observed that an aggrieved person, as defined in section 2(a) of the Protection of Women from Domestic Violence Act must be alive at the time of filing the petition and a legal representative cannot file an application for monetary relief under the Act after her..

The Chhattisgarh HC has granted divorce to a husband whose wife, citing a lack of ‘shubh muhurat’ (auspicious occasion) refused to return to the matrimonial home for 10 years, stating that this amounted to desertion. In the instant case titled Santosh Singh vs. Amita Singh the appellant (husband) and the re..

While ruling clearly on whether a temporary shift of residence can constitute a valid ground for transfer of cases, the Kerala High Court has as recently as on January 3, 2022 in a frank, forthright, final and fitting judgment titled Meria Joseph vs Anoop S Ponnattu in TR.P(C) Nos. 488 of 2021 and connected cases ruled explicitly that shifting from permanent residen..

MTP: Delhi HC Allows Termination At 28 Weeks In a recent case titled Sangeeta Thapa vs Government of NCT of Delhi and ors. the Hon’ble Delhi HC has granted permission to allow a 28 year old woman to terminate her pregnancy. Her gestational period had exceeded 28 weeks. The Court in this case took note of the fac..

In a recent case titled Sangeeta Thapa vs Government of NCT of Delhi and ors. the Hon’ble Delhi HC has granted permission to allow a 28 year old woman to terminate her pregnancy. Her gestational period had exceeded 28 weeks. The Court in this case took note of the fact that continuing the pregnancy would take an enormous toll on the mental and emotiona..

In a recent case titled Janki Prasad vs. Sanjay Kumar and ors. the Hon’ble Allahabad HC has held that when an appeal has to be dismissed by the appellate court because the appellant, though present, refuses to argue the same, the dismissal cannot be on merits in view of the Explanation appended to Order 41, Rule 17 of CPC. li style="text-align:..

In S.K. Pavithran vs. Laisy Santhosh and ors. the Kerala HC has reversed a single bench decision that held that establishing a toddy shop in a residential locality would be an infringement of the right to privacy. The bench had held that anything and everything that affects the peaceful residence of a person would infringe his right of privacy. li st..

KEY TAKEAWAYS Marriage cannot be interpreted as irrevocable implied consent. Marriage should not be seen as a license for a man to rape his wife, regardless of his relationship with the victim, a rapist is a rapist. There is a gross violat..

KEY TAKEAWAYS Hundreds of Muslim women's images were taken from their social media sites without their authorization and 'actioned off' as 'Bulli Bai of the day' with derogatory text on the GitHub app 'Bulli Bai.' The Sulli Deals and Bulli Bai controv..

Adverse Versus Permissive Possession: Know What The Karnataka HC Has To Say The Karnataka HC, in Chepudira Madaiah vs. Mallengada Chengappa has held that a person will not acquire adverse possession merely because he has simply remained in permissive possession for a long time. For the limitation period under section ..

Marital rape, an issue which long been disregarded, has never been paid the heed that it truly deserves. The pious nature that has long been attached to marriages in India, coupled with the shame that has been attached to rape, has discouraged women from speaking up on this traumatic occurrence. Women who find the cour..

The Karnataka HC, in Chepudira Madaiah vs. Mallengada Chengappa has held that a person will not acquire adverse possession merely because he has simply remained in permissive possession for a long time. For the limitation period under section 65 of Limitation Act to run, what has to be kept in mind is not the date from which the defendant is in possession of..

The Kerala HC, in the case of V.G.Thankamani and ors vs. National Highway Authority of India and ors. has held that non compliance with the principles of natural justice is a valid ground for setting aside an arbitral award and can be pleaded at any stage. The instant appeal was preferred against the order of the Arbit..

KEY TAKEAWAYS The Kerala High Court recently ruled that District Courts can only appoint a guardian for a minor's property, not their person and that only the Family Court has the authority to do the latter. If there is overlapping jurisdiction, it may result in inconsistent..