Sentence Imposed On Re-Convict Can Be Suspended If Expeditious Hearing Of His Appeal Not Likely: Punjab & Haryana HC Answers Reference

The Punjab & Haryana High Court has said that the sentence imposed on a person, who was already convicted in another case, can also be suspended when there's no likelihood of his appeal being heard expeditiously.Division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma remarked that right to speedy trial under Article 21 is also available to "re-convicts". It said, "the...

S.223 BNSS | Notice To Accused Can't Be Issued Before Recording Sworn Statement Of Complainant & Witness: Karnataka HC Lays Down Procedure

Clarifying the procedure to be followed by magisterial courts on issuance of notice on complaints under Section 223 BNSS, the Karnataka High Court Friday underlined that the opportunity of hearing to be provided to the accused in the provision is not an empty formality, without which cognizance cannot be taken. Section 223 BNSS pertains to examination of complaints and states that a...

Minor Girl If Subjected To Rape Will Be Terrified, Won't Act Normal: Bombay High Court Acquits Man In POCSO Case

A minor girl subjected to sexual assault would normally be 'terrified' and not 'act normal and play', the Nagpur bench of the Bombay High Court observed recently while acquitting a 64-year-old man convicted for sexually assaulting a minor girl.Single-judge Justice Govind Sanap noted from the testimony of the girl's mother that the girl was allegedly sexually assaulted by the applicant in a...

CPI(M) Leader MM Lawrence's Body Donation: Daughter Moves Kerala High Court Challenging Decision Of Medical College Principal

Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court again aggrieved by the order of the Principal of the Ernakulam Government Medical College hospital for rejecting her objections to conduct the funeral as per Christian rites and rituals.The petitioner had approached the High Court challenging the decision of her siblings and the CPI(M) to donate...

If DNA Test Reveals Husband Is Not Child's Father, He Need Not Implead Wife's Paramour In Proceedings Under Indian Divorce Act: Madras HC

The Madras High court recently observed that not impleading wife's alleged paramour as a co-respondent is not fatal to a plea for divorce on the ground of adultery, when the DNA test already proves that the husband is not the father of the child. Justice P Velmurugan and Justice KK Ramakrishnan observed that once it is proved that the wife was leading an adulterous life, the husband...

Delhi HC Lets Woman Replace Step-Mom's Name In CBSE Records, Cites Fundamental Right To Have One's Identity Linked With Biological Mother

While dealing with a daughter's case to have her biological mother's name entered in the official records, the Delhi High Court recognized the fundamental right to have one's identity linked with the biological mother.Justice Swarana Kanta Sharma observed that when the doors of rigid interpretations close, it is the courts' discretion that opens windows of hope for those left...

Offences Bailable, Kerala HC Closes Akhil Marar's Anticipatory Bail Plea In Case For Discouraging Contributions To CM Disaster Relief Fund

The Kerala High Court has closed the anticipatory bail petition filed by Malayalam film director Akhil Marar on the report of the Public Prosecutor that the offences alleged against him are bailable. Marar is booked under Sections 45 (abetment) & 192 (provocation to cause riot) of Bharatiya Nyaya Sanhita (BNS) and Section 51 (obstruction of officer or refusal to comply with direction)...

Kerala HC Asks Govt About Feasibility Of State-Wide Campaign For Collecting Electronic Waste, 'Extended Producer Responsibility' Of Manufacturers

The Kerala High Court today asked the government about the possibility of conducting a campaign across the State for the collection of electronic waste.The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P orally stated that citizens must be at least given one opportunity to dispose of their electronic waste. The Court thus directed the Special Secretary of the...

Punjab Is Border State, Police Needed To Maintain Law & Order Instead Of Guarding 'Privileged Class' On Unsubstantiated Threats: High Court

Observing that Punjab being a border State needs its Police for maintaining law and order, the Punjab & Haryana High Court refused the plea of a lawyer seeking commando protection.Justice Manisha Batra said, "As a matter of principle, private individuals should not be given security at the expenses of State, until and unless it is found by the competent authority that there were...

Karnataka High Court Refuses To Quash FIR Against State Bar Council Chairman, Vice-Chairman For Alleged Misappropriation Of Official Funds

The Karnataka High Court has rejected the plea filed by Chairman of the State Bar Council Vishal Raghu, Vice Chairman Vinay Mangalekar and another, for quashing a FIR lodged against them for allegedly misappropriating official funds to the tune of several lakhs. The trio is booked under Sections 37,34,120B,403,406,409,420,465,468,471,477A of the Indian Penal Code on the complaint by a Member...

[POCSO Act] Teenage Love Falls In 'Legal Grey Area', Debatable If It Can Be Categorized As Offence: Delhi High Court

The Delhi High Court has recently observed that “teenage love” fall in a “legal grey area” and it is debatable if it can be categorized as an offence.Justice Subramonium Prasad observed that the Court is coming across a number of cases where girls aged more than 17 years elope with boys of their choice and their parents force them to change their statement before the police when they...

Have Transferred Amroha DM For Approving Gang-Charts Sans Recording Satisfaction: UP Govt Informs Allahabad HC

On Tuesday, the Uttar Pradesh Government informed the Allahabad High Court that it has transferred the District Magistrate of Amroha, Mr Rajesh Kumar Tyagi, from the district and attached him to the secretariat, and has not been given any field posting. This decision came after HC flagged that the DM concerned had approved gang charts against the accused in several cases without signing...