Sexual Offence Victims Take Time To Muster Courage, Fear 'Uncomfortable Questions' : Bombay High Court Refuses To Quash FIR For Delay

A First Information Report (FIR) registered in sexual offences, cannot be quashed merely on the ground of delay as the victim takes time to muster courage to lodge the complaint fearing the social stigma and also the 'uncomfortable' questions that she would be subjected to, held the Bombay High Court recently while quashing a section 354 (outraging modesty) case against a man, who molested...

Jharkhand High Court Closes PIL Seeking Health Insurance For Advocates After State Assures Annual Premium Of ₹6000

The Jharkhand High Court has disposed of a PIL seeking financial assistance and medical insurance coverage for practising advocates in the State after recording the Jharkhand Government's assurance that annual premiums for registered advocates would be paid by the State on a continuing basis. A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a Public...

31 Yrs On Rajasthan HC Grants Disability Pension To Ex-Sepoy; Says Army Didn't Conduct Medical Exam Or Disclose Disease In Discharge Order

The Rajasthan High Court, while granting relief to an Ex-Sepoy after 31 years of his discharge in 1995 owing to a neurological disease that he developed during services, noted that no medical exam was conducted prior to his discharge and was his medical history/disease was "deliberately" not disclosed in the veteran's discharge order. He was denied the benefit of disability/invalid pension...

PIL In Allahabad High Court Seeks CBI Probe Into Alleged Embezzlement Of Ayodhya Ram Mandir Donation Funds

A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court (Lucknow Bench) seeking an independent, credible, and time-bound investigation by the Central Bureau of Investigation (CBI) into the alleged “embezzlement of donation funds” (including monetary, gold, and silver) at the Shri Ram Janmabhoomi Mandir in Ayodhya. The petition, filed by a...

Retiral Benefits Can't Be Withheld Merely Due To Pending FIR; Loss Must Be Established In Departmental Proceedings: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that although an employer possesses the power to recover from the pension or retiral benefits of a retired employee amounts representing losses caused by negligence or fraud during service, such recovery can be effected only in accordance with the conditions stipulated under Article 168-A of the Jammu & Kashmir Civil...

Workman With 240 Days Of Continuous Service, Termination Without Notice Is Illegal : HP HC

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi held that termination of a workman who has completed 240 days of continuous service without complying with disciplinary proceedings or notice is illegal, and abandonment of service cannot be presumed in such case. Background Facts The respondent was engaged as...

POCSO Prosecution Cannot Be Quashed Merely Because Minor Victim Refuses To Continue Case: Rajasthan High Court

The Rajasthan High Court set aside the order of the trial court that accepted the negative final report submitted by the police based on the consent given by the minor prosecutrix to the effect that she did not want to proceed with the proceedings against the accused persons. The bench of Justice Anoop Kumar Dhand held that prosecution of the accused persons under POCSO could not be...

'Premature': Rajasthan High Court Rejects Estranged Wife's Plea For Inclusion As Nominee In Family Pension During Lifetime Of Husband

Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to...

Deceased Victim's Legal Heirs Fall Under Ambit Of Section 2(wa) CrPC, Entitled To Continue Appeal Against Acquittal: Rajasthan High Court

Rajasthan High Court has held that legal representatives/heirs of the victim fall under the ambit of the term “victim” under Section 2(wa) CrPC, and thus have the right to continue prosecution against the accused in the event of the victim's death.The bench of Justice Anoop Kumar Dhand further observed that while many amendments were made in favour of the victim, giving them right to...

'Criminal Law Can't Be Invoked Against Every Relative Of Husband Due To Matrimonial Discord': Madras HC Quashes S.498A IPC Case Against In-Laws

The Madras High Court recently quashed criminal cases against a husband's relatives under Section 498A of the IPC after noting that the allegations against the relatives were vague and unsupported by documents. Justice Victoria Gowri underlined that criminal prosecution cannot be launched against a husband's relative merely because there is matrimonial discord among...

No 'Honour' In 'Honour Killing', It's A Shameful Act And Extreme Reflection Of Casteism: Madras High Court

While dealing with the bail application of an accused cop in the honour killing of 27-year-old Kavin in Thirunelveli last year, the Madras High Court lamented the increasing instances of caste-based violence. Justice B Pugalendhi observed that there were 59 honour killings in the State of Tamil Nadu over the past 10 years. The judge remarked that deep-rooted casteism in the minds of...

'Serious Allegations': MP High Court Denies Anticipatory Bail To Husband Accused Of Trying To Commit Unnatural Sexual Acts With Wife

The Madhya Pradesh High Court has denied anticipatory bail to a husband who is accused of causing injuries to his wife in order to raise the demand of Rs. 5 lakh and attempting to commit unnatural sexual acts with her, noting that the allegations were serious in nature. The bench of Justice Rajendra Kumar Vani noted:"Having heard learned counsel for the parties and upon perusal of the case...