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𝐒𝐡𝐢𝐤𝐡𝐚 𝐊𝐡𝐚𝐫𝐛𝐚𝐧𝐝𝐚, High Court, Amritsar (2026)

26/02/2024

Justice Subramonium Prasad upheld the retrospective application of a regulation permitting couples with two or more children to only adopt children with special needs or those hard to place, adding that the process operates for the welfare of children and the rights of prospective adoptive parents cannot be put at the forefront.

"The adoption process in entirety operates on the premise of welfare of children and therefore the rights flowing within the adoption framework does not place the rights of the PAPs at the forefront," said the court in a recent order.

The court's decision came on a batch of petitions by several PAPs with two biological children who applied for adoption of a third child as per the Juvenile Justice (Care and Protection of Children) Act, 2015.

During the pendency of their application, the Adoption Rules, 2022 superseded the Adoption Regulations, 2017 and instead of three or more children, now couples with two or more children could only opt for adoption of children with special needs or those hard to place children unless they are relatives or step-children.

Hard to place children are those that are not likely to be adopted because of physical or mental disability, emotional disturbance, recognised high risk of physical or mental disease, age, racial or ethnic factors etc.

The policy of the legislature, therefore, is that the rush of a number of couples, who already have more than four children, who are available to adopt a child was felt in the year 2015. The said figure of four was brought down to three in the year 2017 and the same has now been brought down to two in the year 2022.

26/02/2024

A wife who is unable to maintain herself or has no independent income can claim maintenance from her husband. The maintenance awarded should be sufficient to provide for the basic needs of food, clothing, and shelter. The wife can file an application for maintenance before a Magistrate. The application can be filed where the husband resides or where the wife resides. If the husband fails to pay the maintenance awarded, the wife can seek enforcement through the Magistrate’s order, which may include attaching the husband’s salary or property. The Magistrate has the power to modify or cancel the maintenance order based on changed circumstances.

Children, including legitimate or illegitimate minor sons and unmarried daughters, who are unable to maintain themselves are entitled to claim maintenance from their father.

24/02/2024

The Prime Minister Narendra Modi-led NDA government has decided to raise the legal age of marriage of women to 21 from 18 years. According to PM Modi, increasing the legal age of marriage will empower girls and will help in building their careers.

In 2018, the Law Commission had suggested that 18 years should be the minimum legal age for both men and women to get married. As per the panel, "If a universal age for a majority is recognised and that grants all citizens the right to choose their governments, surely, they must also be considered capable of choosing their spouse".

Marriage in which either the girl is below 18 years of age, or the boy is below 21 years of age is child marriage. The previous law titled Child Marriage Restraint Act, 1929 had provisions only for restraining the solemnization, not for prevention or prohibition of child marriages. The present law- Prohibition of Child Marriage Act, 2006 has a threefold purpose i.e. prevention of child marriages, protection of children involved and prosecution of offenders. This law has declared child marriage to be a cognizable and non-bailable offence. Even the parents are to be punished for promoting or permitting child marriage. Legal provisions against child marriage have been put in place to protect children from this practice.

07/02/2024

The Court noted that the accused had taken a defense that he had handed over a signed blank cheque to the complainant. He sought an examination of the cheque to establish that he had not filled in the details.

The Court observed that even if it is established that the cheque was filled by some other person that will not make any difference to the liability of the accused. Hence, no useful purpose would be served by allowing the application and sending the cheque to the Handwriting Expert for comparison of the handwriting on the body of the cheque. Once the accused handed over the cheque to the complainant, the other person had a right to fill in the details. Hence, the fact that details were not filled by the drawer but by some other person is immaterial.

The Himachal Pradesh High Court dismissed a petition, filed under Section 482 of Cr.P.C. read with Article 227 of the Constitution of India.

07/02/2024

"A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. Cheque upon a banker is a document. Power-of-attorney is a document. Map or plan which is intended to be used or which may be used as evidence, is a document. Writing containing directions or instructions is a document."

31/01/2024

An agreement is a mutual understanding or arrangement between two or more parties regarding their rights and obligations.
contract is a legally binding agreement between two or more parties that creates obligations and is enforceable by law.
Generally, contracts are more formal and often require specific elements, such as a written document, to be legally binding. Whereas agreements may or may not be formal and can be oral or written.
all contracts are agreements, but not all agreements qualify as contracts. Contracts have a higher degree of formality and legal enforceability, with specific elements that distinguish them from general agreements.

08/01/2024

The Punjab and Haryana High Court has reiterated that bail once granted cannot be cancelled automatically and in a mechanical manner and there must be cogent and overwhelming circumstances necessary to cancel the bail once granted.

The single-judge bench of Justice Jasjit Singh Bedi observed that it is a settled law that no condition for the automatic cancellation of bail can be imposed while granting bail and the only condition that can be imposed is that the Investigating Agency/complainant would be at liberty to move an application for cancellation of bail which would be adjudicated upon in accordance with the law.

"Mere violation of the bail conditions would not be sufficient to cancel the bail." The Court must be satisfied that it is necessary to cancel the same keeping in view various factors the court further observed.

28/12/2023

Part of the Indian Constitution?

Article 44 mentions the State should "endeavour to secure for citizens a Uniform Civil Code throughout the territory of India."
Part IV of the Indian Constitution deals with the Directive Principles of State Policy, which are essential to the nation's governance but are neither enforceable or justiciable in a court of law.
The UCC has been mandated by the Supreme Court in a number of rulings, including the infamous Shah Bano case of 1985.
In the Sarla Mudgal verdict (1995) and the Paulo Coutinho vs. Maria Luiza Valentina Pereira case (2019), the SC reiterated its stance.
BR Ambedkar's idea was to implement a UCC governing personal law as the country already had common civil, criminal and property laws.
Even though Ambedkar was particular about introducing a UCC, there was opposition from many leaders on the same.
In 1869, Portugal extended its Portuguese civil code to Portugal's overseas provinces which included Goa and the state has been following since. Even the Uttarakhand govt announced its plan to implement UCC.
Apart from this, Assam Chief Minister Himanta Biswa Sarma and the Gujarat govt have also supported the implementation of the UCC.

21/12/2023

Eyewitness is the person who has the first hand hand knowledge of the event by seeing the event.
Hostile witness or adverse witness is the witness who at the time of trial during direct examination speaks contrary to the legal position of the party.
Expert witness is the witness with specialised knowledge, skill, education, or experience in particular field.
Character witness provide information about reputation of person involved in a legal case.
Interested witness is the one who has interest in the outcome of the case.
Independent witness is the one who has no interest in the success or failure of the case.

15/12/2023

High court in Burger King Company LLC vs. Virendra Kumar Gupta & Anr held that long usage, extensive operations, and global reputation are the factors considered in declaring their trademark as a well-known mark. The Court held that “on the strength of averments in the plaint, and the documents placed on record, and the reputation of the ‘BURGER KING’ mark, it is clear that it should acquire a ‘well-known’ status.
The plaintiff claimed to be the proprietor of the 'Burger King' trademark since 1954, operating in over 100 countries, with substantial sales and investments in promotion. The plaintiff argued that the defendants' use of their trademark infringed on their right. Thus , The Court declared 'Burger King' as a well-known mark..

05/12/2023

Under Section 420 of the Indian Penal Code (IPC), fraud is defined as:

1. Dishonest Deception: Fraud involves intentionally deceiving someone.
2. Inducing Delivery: It involves persuading someone to deliver property, valuable security, or any financial resource.
3. False Representation: This inducement is caused by making someone believe something false.
4. Intent: The act is done with the intention of causing wrongful gain to oneself or another, or causing wrongful loss to the person deceived.
Punishment for fraud under IPC Section 420 can lead to imprisonment for up to 7 years and a fine.
Few examples of fraud are :
1. Online scams
2. False representations
3. Financial deception
4. Breach of trust
5. Forgery
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30/11/2023

ZERO FIR was introduced on the recommendation of the Justice Verma Comittee formed at the backdrop of the brutal Nirbhaya gang r**e in Delhi in 2012.

A Zero FIR (First Information Report) is an initiative in India that allows a police station to file an FIR irrespective of its jurisdiction in cases involving serious offenses. It enables immediate action without delay, ensuring the complaint is registered and investigated promptly, even if the incident occurred outside the area where the complaint is lodged.

The term “Zero FIR” implies that the FIR is registered at “Zero” (the initial) police station, but it can later be transferred to the appropriate jurisdiction for investigation. This process ensures that immediate action is taken, the complaint is officially recorded, and investigation procedures can begin promptly, without delays caused by jurisdictional issues.
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𝐒𝐡𝐢𝐤𝐡𝐚 𝐊𝐡𝐚𝐫𝐛𝐚𝐧𝐝𝐚

26/02/2024

26/02/2024

24/02/2024

07/02/2024

07/02/2024

31/01/2024

08/01/2024

28/12/2023

21/12/2023

15/12/2023

05/12/2023

30/11/2023

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