Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent.The prosecution case was that the accused,...

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court

A single judge bench of the Patna High Court comprising of Purnendu Singh, Justice, while deciding a writ petition held that in case of compassionate appointments, the employer must explore alternative posts, rather than rigidly adhering to eligibility criteria for specific positions. Background Facts The petitioner hails from Banka, Bihar, is the spouse of Late Guddu Kumar who...

Bidder Can't Question Obstructions To Property Post-Auction, When Opportunity For Inspection Was Availed Prior To Bid: Allahabad HC

In a case concerning delay in payment pursuant to auction of a property, the Allahabad High Court said that where a bidder had the opportunity to inspect a property prior to bidding on it and the auction was to proceed on an 'as is where is and whatever there is basis', then they cannot question the results on discovering obstructions to the property post such bid.In doing so the court said...

Delhi High Court Refuses To Quash FIR Against Matrix Cellular, Others Accused Of Selling Substandard Oxygen Concentrators During COVID-19

The Delhi High Court has refused to quash an FIR registered against Matrix Cellular, its CEO and others accused of selling defective and substandard oxygen concentrators at inflated prices during the COVID-19 pandemic.Justice Dinesh Kumar Sharma said that it is not appropriate to quash the proceedings at the stage while investigation is still pending.“The factum of oxygen concentrators...

Kerala High Court Asks Pollution Control Board To Formulate Permanent Plan Of Action To Prevent Unregistered Manufacturers Of Plasticware

The Kerala High Court has called upon the Pollution Control Board to come up with a 'permanent plan of action' to ensure that producers and manufacturers of plastic cups, plates, covers and other products do not carry their business in violation of the provisions of the Plastic Waste Management Rules of 2016.The Division Bench of Chief Justice Nitin Jamdar and Justice S.Manu stated...

Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Cognizance Of ED Chargesheet, No Stay Granted Today

The Delhi High Court on Thursday issued notice on the plea filed by Aam Aadmi Party (AAP) Chief Arvind Kejriwal challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri granted time to ED to respond to the plea. However, the Court did not pass any order in the...

WCC Moves Kerala High Court Seeking Guidelines To Regulate Malayalam Film Industry, Interim Enforcement Of 'Cinema Code Of Conduct'

The Kerala High Court today admitted a petition moved by Women In Cinema Collective (WCC) for formulation of guidelines for regulating the Malayalam Film Industry, until the Government enacts special legislation in this regard.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing the matters relating to Justice Hema Committee Report has directed the...

Delhi High Court Dismisses Plea Against Registration Granted To AIMIM As Political Party

The Delhi High Court has dismissed a petition seeking quashing of the registration granted by Election Commission of India (ECI) to All India Majlis-e-Ittehadul Musalimeen (AIMIM) as a political party.Justice Prateek Jalan rejected the plea moved by one Tirupati Narashima Murari who also challenged a circular issued by ECI in 2014 granting recognition to AIMIM as a State level party in the...

Valuation Of A Suit Is Based On Nature Of Relief Claimed, Not On Market Value Of Property: Rajasthan High Court Reiterates

While hearing a dispute concerning sale of a property, the Jodhpur Rajasthan High Court reiterated that it was only the nature and valuation of the relief claimed on the basis of which the valuation of the suit as well as the court fee was determined and not the market value of any property.Justice Rekha Borana was hearing a petition against an order of the Additional District Judge wherein...

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute

The Punjab and Haryana High Court bench of Justices Arun Palli and Vikram Aggarwal has reiterated that the scope of interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, is narrow, and the appellate jurisdiction under Section 37 is even more circumscribed. The court reiterated that jurisdiction under Section 34 and Section 37 of the Act is not akin...

Agreement To Sell Immovable Property Situated In UP Must Be Registered To Create Right, Title Or Interest: Allahabad HC

The Allahabad High Court has clarified that in the State of UP, an agreement to sell immovable property (situated within the state) would also require compulsory registration to create any right, title, or interest in it. The Court arrived at this conclusion through a combined reading of the state amendments made to Sections 17 (Documents of which registration is compulsory)...

Waving Black Flag To A Person Neither Defamation Nor An Illegal Act: Kerala High Court Quashes Case For Protesting Chief Minister's Convoy

The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. The Court further stated that even if a flag of any colour is displayed as a form of protest, it cannot be regarded as defamation in the absence of any law prohibiting such an act.In the facts of the case,...