Can Rape, POCSO Act Convicts Be Shifted From Jails To Open Air Camps? Rajasthan High Court Refers Issue To Larger Bench

Taking note of the conflicting views, Rajasthan High Court has referred the issue of Whether a prisoner, convicted for the offence under Section 376 IPC/POCSO Act, undergoing the sentence of imprisonment in Jail, can be shifted to Open Air Camp, to a Larger bench.“There is no exact decision on the legal issue involved in this petition, rather there are conflicting opinions and views...

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. A division bench of Justices Vibha Kankanwadi and Rohit Joshi refused to quash an FIR against the in-laws of a woman, after noting that her husband, the main accused, had...

If Police Investigation Reveals No Involvement Of Accused In Alleged Offence, Continuing LOC Would Violate Fundamental Rights: Rajasthan HC

Rajasthan High Court has directed the quashing of Look Out Circular and standing arrest warrant issued against the petitioner, who was not found to be involved in the alleged offence by the police, ruling that when the police itself was not interested in prosecuting her, continuation of the LOC would amount to violation of her fundamental rights under Article 21 of the Constitution.The bench...

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. Justice M Nagaprasanna allowed the petition filed by the petitioner and quashed the case registered against him under...

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa (Dutt) Paul held: The allegations in both the cases arise out of...

Haryana Panchayati Raj Act | Majority Not Required While Convening Meeting To Consider No-Confidence Motion: High Court

The Punjab & Haryana High Court has made it clear that under the Haryana Panchayati Raj Act at the time of convening of meeting for no-confidence motion, the presence of the majority of the members is not required.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There is no statutorily prescribed strength in rule supra, thus appertaining to the specific numbers of...

Bombay High Court Enhances Compensation To Wadia Trust For Land Acquired For Mumbai Airport, Cites Amendment To Section 25 Of 1894 Law

While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision.Prior to the amendment, Section 25 stipulated that the Court could not grant...

After 7-Year Wait, Allahabad HC Orders Appointment Of Man As Judge Who Was Denied Job For 'Spying' For Pakistan Despite Acquittal

The Allahabad High Court recently has ordered the appointment of a man as a judge (HJS Cadre), nearly seven years after he was initially denied the position due to allegations of espionage. Petitioner Pradeep Kumar, who had been accused of spying for Pakistan in 2002, was acquitted in a trial in 2014 (the trial started in 2004); however, despite his final selection in the U.P....

40 Yrs Since Bhopal Gas Tragedy But Authorities Still Indolent: High Court Orders Swift Disposal Of Toxic Waste From Union Carbide Factory

Terming the non-removal of toxic waste from the now-defunct Union Carbide Factory site at Bhopal a "sorry state of affairs", the Jabalpur Bench of Madhya Pradesh High Court directed the authorities to immediately clean-up the site and take all remedial measures for safe disposal of the waste/material from the area.In doing so, the court underscored that if waste is not sent to the assigned...

Sambhal Violence | Allahabad High Court CJ-Led Bench Directs Listing Of PIL Seeking FIR Against DM, SP Before Appropriate Bench

A Bench led by Chief Justice Arun Bhansali of the Allahabad High Court today directed that a Public Interest Litigation (PIL) plea, which seeks the filing of an FIR against the Sambhal District Magistrate, Superintendent of Police, the concerned SHO, and other responsible officers in connection with their alleged involvement in the violence that occurred last month in Sambhal,...

Gujarat High Court Issues Guidelines To Be Complied By Committee Dealing With Land Grabbing Proceedings

While hearing a land grabbing case, the Gujarat High Court issued comprehensive guidelines to be followed by the Committee notified under the Gujarat Land Grabbing (Prohibition) Act, 2020 and relevant rules which conducts inquiry in such cases. The guidelines were issued by a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi for compliance by the Committee that...

Kerala High Court Issues Contempt Notice To Devaswom Officer Over Violation Of Guidelines Regulating Elephant Parading At Temple Festivals

The Kerala High Court has issued notice to an officer of the Cochin Devaswom Board (Shri Raghu Raman) under the Contempt of Courts Act, for allegedly breaching its guidelines regulating the parading of Elephants during Temple festivals.The Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. observed that admittedly, violations occurred on December 02 while...