POCSO | Ejaculation Of Semen Not Required To Prove Penetrative Sexual Assault: Punjab & Haryana High Court

The Punjab & Haryana High Court upheld the conviction of rape and penetrative sexual assault against a minor under the Protection of Children from Sexual Offences Act, 2012 (POCSO), observing that the presence of semen is not required to be proved for penetrative sexual assault.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "When in the event of penetrative sexual assault...

Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2024

Nominal Index:Kishore Kumar Vs Ishar Das 2024 LiveLaw (JKL) 250Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&K 2024 LiveLaw (JKL) 251Showkat Ahmad Vs State of J&K 2024 LiveLaw (JKL) 252Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw (JKL) 253Raman Kumar Vs UT of J&K 2024 LiveLaw (JKL) 254Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw (JKL)...

Offence Executed In Chattisgarh But 'Prima Facie' Conspiracy Hatched Elsewhere, CBI Doesn't Need Prior Sanction From Chhattisgarh Govt: High Court

While hearing a plea against an order refusing to discharge the accused in a conspiracy case, the Chattisgarh High Court said that since the alleged offence was only "executed" in Chattisgarh, the investigating agency–CBI was not required to take previous sanction from the State Government under the Delhi Special Police Establishment Act. This, the court said after noting that the...

Tenant Cannot Dictate Landlord About 'Bonafide Necessity', Landlord's Need Must Be Presumed Bonafide: Punjab & Haryana High Court

The Punjab & Haryana High Court has upheld eviction of tenants on the ground of "bonafide need" of the landlady observing that, the tenant cannot dictate what should be her bonafide need.Justice Deepak Gupta said, "It is not for the tenant to dictate to the landlord about her/ his bonafide necessity. If a landlord asserts that he requires the tenanted premises to expand the business, his...

'Hema Committee Report Reveals Commission Of Cognizable Offences': Kerala High Court Directs SIT Probe As Per Section 173(3) BNSS

The Kerala High Court has directed the Special Investigating Team (SIT), constituted by the Government to inquire into the allegations made in the Justice Hema Committee Report, to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Section 173 of the BNSS deals with the registration of FIR when information is received regarding the commission of...

Section 134(2) Of Trademarks Act Does Not Bar Applicability Of Clause XIV Of Letters Patent: Bombay High Court

The Bombay High Court has observed that Section 134(2) of the Trademarks Act, 1999 does not bar a plaintiff from seeking leave of the Court to combine the cause of action of 'passing off' with the suit of infringement under Clause XIV of the Letters Patent.BackgroundBajaj Electricals Limited (petitioner) sought leave of the Court under Clause XIV of the Letters Patent Act to combine the cause...

Issuance Of Summons U/S 70 Of CGST Act Doesn't Initiate Proceedings U/S 6(2)(B) Of CGST Act: Kerala High Court

The Kerala High Court held that the initiation of an enquiry or the issuance of summons under Section 70 of the CGST Act cannot be deemed to be initiation of proceedings for the purpose of Section 6(2)(b) of the CGST Act. The Bench of Justice Gopinath P. observed that “The term 'initiation of any proceedings' is no doubt a reference to the issuance of a notice under the provisions...

Delhi High Court Grants Compassionate Allowance To Widow Of Dismissed Employee

A Division Bench Delhi High Court consisting of Justices C. Hari Shankar and Dr. Sudhir Kumar Jain ruled in favour of Usha Devi, directing the Union of India to grant her compassionate allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972. This decision overturned the rejection of her plea by the Central Administrative Tribunal (CAT), which had previously denied...

Second FIR Permissible For Same Incident With Different Version Of Evidence: Allahabad High Court

The Allahabad High Court has observed that a second FIR for the same incident is permissible where there is a different version of evidence and discovery is made on the factual foundation. A bench of Justice Manju Rani Chauhan observed this while relying upon the Top Court's judgment in Nirmal Singh Kahlon v. State of Punjab 2008. In the Nirmal Singh case (supra), referring to...

Power To Issue Notice For Scrutiny Assessment U/S 143(2) Not Limited To Assessing Officer Or Officers Of NaFAC: Delhi HC

The Delhi High Court has held that the power to issue notice for scrutiny assessment under Section 143(2) of the Income Tax Act, 1961 is not restricted to the Assessing Officer or the officers of National Faceless Assessment Centre (NaFAC) alone. As per the statute, a notice for scrutiny assessment under Section 143(2) of the Act can be issued by the “Assessing Officer or...

Anganwadi Workers Can Earn From Other Sources As Recompense From Anganwari Work Is Meagre: Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain has held that Anganwadi workers can have a source of additional income apart from Anganwari work. The Bench stated that it is not possible for Anganwadi workers to sustain themselves or their families from the salary earned by them as Anganwari workers and having more sources of income won't...

Plea In Madras High Court Seeks Probe Into Data Breach At Star Health Insurance

A plea has been filed in the Madras High Court raising concerns about the security breach of Star Health Insurance Limited. An interim injunction petition has also been filed to suspend the online operation of Star Health Insurance.When the matter was taken up by Justice Dhandapani on Monday, the judge said that he would hear the case on Thursday (17th October) and pass orders on whether...