Parliament In Its Wisdom Permits Only Limited Not Permanent Guardianship For Mentally Disabled Person Under PwD Act: Kerala HC

The Kerala High Court has observed that there is no provision under the Rights of Persons with Disabilities (RPwD) Act of 2016 for the appointment of a permanent guardian for a person with mental disability.Justice C.S. Dias clarified that this is because the office of guardianship operates on a mutual understanding and trust between the guardian and the person with a disability, intended for...

Madhya Pradesh High Court Directs Authorities To Report On Rehabilitation Status Of Elephants At Bandhavgarh Tiger Reserve

In a plea concerning welfare of elephants in Bandhavgarh Tiger Reserve, the Jabalpur bench of the Madhya Pradesh High Court on Thursday (January 23) directed the respondent authorities to file a status report pursuant to its earlier order asking them to finalize their decision on rehabilitation of the animal as per the provisions of the Wild Life Protection Act.The division bench of Chief...

Calcutta High Court Denies VHP's Plea For Setting Up Stall At International Book Fair, Says Publisher's Guild Not 'State' Under Article 12

The Calcutta High Court has denied a plea by the Vishwa Hindu Parishad (VHP) to set up a stall at the Kolkata International Book Fair 2025.The VHP had approached the court against the Booksellers and Publishers Guild who organised the fair and had claimed that despite being given a stall in previous years, their request for a stall was turned down by the Guild for this year's fair.It was...

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. Relying upon the Supreme Court's decision in Mahesh Damu Khare v. The State of Maharastra & Another, Justice Sunder Mohan observed that the present case appeared to be one where a consensual relationship that...

Victim Would Be In Shock After Rape, Can't Be Expected To Travel Alone At Night To Lodge FIR: Bombay High Court Upholds Man's Conviction

The Nagpur bench of the Bombay High Court recently held that a woman, who is raped, would be in shock and thus she cannot be expected to travel alone in the night to the police station to lodge a criminal complaint against the accused person.Single-judge Justice Govind Sanap made the observation while upholding a man's conviction for raping a woman. The judge refused to accept the contention...

Trial Courts' Obligation To Compute And Award Victim Compensation Can't Be Delegated To DSLSA U/S 357 CrPC: Delhi HC 5 Judge Bench

A five judge bench of the Delhi High Court has ruled that the obligation and duty casted upon the trial courts to compute and award quantum of victim compensation cannot be delegated to the Delhi State Legal Services Authority Statutory Authority (DSLSA) as the same would run contrary to the scheme of Section 357 of the Code of Criminal Procedure.The full bench comprised Justice Rekha...

Cannot Interpret Maternity Leave Rules To Deny Leave For Third Pregnancy Even If Claimed For First Time: Madras High Court

The Madras High Court recently observed that the Maternity Leave Rules have to be interpreted in such a way that a woman employee would be entitled to seek leave twice during her service period and not in such a manner to deny her maternity leave for her third pregnancy even if it is taken for the first time. “The Rule has to be interpreted in such a manner that a women...

Woman Allegedly Raped, Impregnated By Own Brother, Father | 'Unforgivable Betrayal Of Blood & Trust': Allahabad HC Denies Bail

Denying bail to father-son duo accused of committing rape against real daughter/sister and impregnating her, the Allahabad High Court last week termed it a case of an unforgivable betrayal of blood and trust. “I find that facts of this case and allegation of rape on victim by her real brother and father are very rare and heinous in nature…The hands of father and brother meant...

Madras High Court Constitutes SIT To Probe Alleged Leak Of Minor Survivor's Statement In Sexual Assault Case

The Madras High Court has constituted a Special Investigation Team to probe into the alleged leakage of the victim's identity in connection with a sexual assault case of a minor in Anna Nagar, Chennai. The SC had also appointed an SIT to probe into the allegation of the sexual assault of the minor. The investigation into the same has already been completed. A division bench of Justice...

Consensual Sexual Relationship Not Licence For Man To Assault Woman: Karnataka High Court Refuses To Drop Case Against Circle Inspector

The Karnataka High Court has refused to quash an attempt to murder case registered against a police officer who is accused to have assaulted a woman with whom he was in a consensual relationship for several years.Justice M Nagaprasanna said “I deem it appropriate to hold that consensual acts between the accused and the victim for having sexual relationship, can never become a licence to the...

S. 321 CrPC | Prosecution Can't Be Withdrawn Merely On Govt Issuing An Order, Public Prosecutor Must Apply His Mind: Allahabad HC

The Allahabad High Court has observed that withdrawal of prosecution under Section 321 CrPC is not permissible merely because the Government issues an order in this regard. It added that the public prosecutor must apply his mind by mentioning in his application that he is satisfied that it has been made in good faith and in the interest of public policy and justice. A bench...

Bombay High Court Pulls Up BCI, BCMG For Suspending Female Lawyer's Licence Without Following Principles Of Natural Justice

The Bombay High Court recently stayed an order passed by the Bar Council of India (BCI) by which it had suspended the licence of a Mumbai-based female advocate over a complaint by few members of the Advocate Association of Western India (AAWI)A division bench of Justices Girish Kulkarni and Advait Sethna questioned the manner in which both the BCI and the Bar Council of Maharashtra and Goa...