Interference in Interfaith Live-in Relationships Contrary to Concept of Unity in Diversity: Allahabad High Court

The Allahabad High Court, while granting protection to interfaith live-in couples, made it clear that adult individuals have a constitutional right to live with a partner of their choice and cannot be denied protection merely on the ground that they are in an interfaith live-in relationship. In this context, the Court observed that, “This Court … Read more

No Compensation for Disability Arising from Tobacco Use: SC

The Supreme Court of India, while hearing a matter concerning disability pension, has clarified that a claim for disability pension cannot be sustained where the disease or disability arises out of a soldier’s personal habits and has no direct nexus with military service. The Court observed that if an illness or disability is the consequence … Read more

Anticipatory Bail Once Granted Does Not Automatically Expire Upon Filing of Charge-Sheet: Supreme Court

The Supreme Court in dowry death-related matter observed that once an anticipatory bail is granted, then it will continue without fixed expiry. The mere filing of a charge-sheet, the taking of cognizance, or the issuance of summons shall not, by itself, operate to terminate the protection granted, unless specific reasons are duly recorded. The above … Read more

Judge Refused to Hear Matter, After Supreme Court’s Criticism of Bail Order: Allahabad High Court

The Allahabad High Court (Lucknow Bench) while hearing the second bail application of the petitioner observed that it is well known that no judge can claim that his order has never been set aside or interfered with and on perusal of judgment the bail order was required to be interfere. The said observation was given … Read more

Minor’s Right to Passport Cannot Be Hampered Due to Parental Disputes: Allahabad High Court

  The Allahabad High Court, while dealing with a case where a minor girl was denied issuance of a passport on the ground of matrimonial dispute between her parents, has held that a minor child’s passport application cannot be withheld or kept pending indefinitely merely because of ongoing matrimonial or criminal disputes between the parents. … Read more

Recording Testimony of a Minor Daughter After Seven Years Not Legally Justified: Supreme Court

The Supreme Court, while making significant observations in a criminal case relating to dowry harassment and abetment of suicide, has categorically held that producing a minor child as a prosecution witness several years after the incident is neither necessary nor in the interest of justice. The Court observed: “First, there is no material on record … Read more

Accused Released After 24 Years of Incarceration Owing to Judicial Laxity: Allahabad High Court

The Allahabad High Court, while acquitting an accused who had remained in prison for nearly 24 years in a dacoity case, has categorically held that an accused cannot be convicted solely on the basis of an ‘admission’ made under Section 313 of the Code of Criminal Procedure (Now Section 351, BNSS) unless the prosecution leads … Read more

Excluding one legal heir from the property does not render a will invalid: Supreme Court

The Supreme Court, while delivering an important judgment in a family dispute relating to the partition of a father’s property, has clarified that if a will is proved in accordance with law, it cannot be treated as suspicious merely on the ground that one legal heir has been excluded from it. The Supreme Court said … Read more

Pension and gratuity are not charity, but accrued statutory rights: Allahabad High Court

The Allahabad High Court, while delivering an important judgment in a decades-old education service dispute, has held that teachers cannot be deprived of pension, gratuity and salary arrears on the basis of management infighting, administrative apathy or inquiries conducted after several years. The Court observed that: “The State, having accepted their services and paid them … Read more