All High Courts
Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences (POCSO) Act, 2012.The court held that the trial court erroneously sentenced the appellant under Section 6 of the Act, which was not applicable to...
Law Is A Noble Profession, Punjab & Haryana High Court Denies Relief To Law Student Caught Cheating In Semester Exam
The Punjab and Haryana High Court refused to quash the order disqualifying a law student from appearing in any University examination for two years, after he was found cheating during an exam.The Panjab University had caught a BA LLB student of first year with objectionable material during the exam and disqualified him from appearing in any University examination for two years.Justice...
High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property
The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons...
Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held a position of a...
Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC
While upholding the validity of an order issued by the Transmission Corporation of Telangana Limited (TRANSCO) deleting beneficial provisions regarding service weightage for promotion to Additional Assistant Engineer posts, the Telangana High Court ruled that the corporation has the power to amend the relevant service regulations. A division bench of Justice Sujoy Paul and Justice...
8 Month "Absolute Lull" When Girl Went Missing, No Signs Of Forcible Detention On Her Body: Telangana HC Nixes Man's Rape Conviction
The Telangana High Court set aside a man's conviction for allegedly raping a girl for eight months after noting that if the girl was– as claimed by her, detained for eight months and her limbs were tied, her body would show signs of forcible detention which was not the case- raising suspicion about this version. In doing so the court further observed that there was an absolute "lull"...
Bombay High Court Weekly Round-Up: November 11 - November 17, 2024
Citations 2024 LiveLaw (Bom) 580 to 2024 LiveLaw (Bom) 593Nominal Index:Naresh Goyal v. ED, 2024 LiveLaw (Bom) 580Onkar Kalmankar vs Public Information Officer, 2024 LiveLaw (Bom) 581Ashish Kishor Gadkari vs Election Commission of India, 2024 LiveLaw (Bom) 582M/S. Truly Pest Solution Private Limited vs. Principal Chief Mechanical Engineering, 2024 LiveLaw (Bom) 583Radhabai Shirke vs...
Accused Has Right To View Digital Documents That Are Part Of Prosecution Records Without Affecting Victim's Privacy: Kerala High Court
The Kerala High Court stated that the accused right to access documents, including digital documents excluding those which affect the privacy of the victim.Justice A. Badharudeen stated that the accused cannot be denied the right to view the pen drive containing CCTV visuals which are part of prosecution records for defending his case, as part of his right to a fair trial. “The right of...
Whether Non-Signatory Bound By Arbitration Agreement Can Be Decided By Tribunal, Not Referral Court U/S 11 Of Arbitration Act: Allahabad HC
The Allahabad High Court bench of Justice Manoj Kumar Gupta affirmed that referral court under section 11 of the Arbitration Act stage cannot examine as to whether the non-signatory is bound by the arbitration agreement or not. Such an issue requires factual determination which can be decided by the arbitral tribunal under section 16 of the Arbitration Act. Brief Facts The...
Terrorists Misusing Social Media, Using Journalistic Credentials To Incite Violence Are Factors Considered In Sentencing: Delhi High Court
The Delhi High Court has ruled that factors such as misuse of social media platforms by terrorists and using journalistic credentials for publishing magazines to incite violence are factors which cannot be ignored while awarding sentence in terrorist activities related cases.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma observed that Courts will have to not...
Ex-Gratia Payments Discretionary In Nature, Not Matter Of Right: Delhi High Court
The Delhi High Court has recently held that ex-gratia payments are discretionary in nature and not a matter of right. “Ex-gratia payments are discretionary and not a matter of right. They are granted as a compassionate gesture in extraordinary circumstances, subject to the specific terms and conditions outlined in the governing policy,” Justice Sanjeev Narula said. The Court made...
Dismissal from Service Automatically Forfeits Leave Benefits; No Express Denial Required: Gauhati HC
Gauhati High Court: A Division Bench of Chief Justice Justice & Justice N. Unni Krishnan Nair of the Gauhati High Court overturned the Central Administrative Tribunal's order directing Railways to release leave encashment benefits to a dismissed employee. The Court held that dismissal from service automatically results in forfeiture of past service under Rule 40 of Railway...