Unexplained Delay Of 2 Months In Filing FIR, Victim's Testimony Not Truthful: Punjab & Haryana High Court Upholds Acquittal In Rape Case

The Punjab & Haryana High Court upheld the acquittal in a rape case observing that the statement of the alleged victim was not reliable and there was an unexplained delay of 2 months in registration of the FIR.The Court noted that prosecutrix during cross examination also stated that the accused was holding the pistol in one hand and the mobile phone in other hand and caught hold of her...

WhatsApp Message Alleging Targeting Of Particular Religious Group May Constitute Offence Of Promoting Enmity U/S 353(2) BNS: Allahabad High Court

The Allahabad High Court has observed that circulating a WhatsApp message to multiple persons alleging that people of a particular religious community were being targeted would prima facie amount to offence of promoting feeling of enmity, hatred & ill will between religious communities under Section 353 (2) BNS. A bench of Justice JJ Munir and Justice Pramod Kumar Srivastava made...

POCSO Victim Or Their Parents Need Not Be Involved In Appeal Against Conviction, But Must Be Impleaded For Suspension Of Sentence: Madras HC

The Madras High Court recently observed that in offences under the Protection of Children from Sexual Offences Act, it was not necessary to involve the victims of their parents. The court, however, added that impleading the victim, their family or the de facto complainant was essential in case of regular bail applications and for suspension of sentence. Justice K Murali Shankar...

Company Hosting 'Bigg Boss Kannada' Moves High Court Against Sealing Of Premises, Eviction Of Contestants By Pollution Control Board

VELS Studio And Entertainment Private Limited, which is hosting reality show 'Big Boss Kannada' at its premises in Bidadi, has moved the Karnataka High Court challenging State Pollution Control Board's October 6 order directing immediate closure of the studio premises. The plea states that the action of the Karnataka State Pollution Control Board is arbitrary, unlawful, and without...

Husband Can't Use Child As Pawn To Prove Wife's Adultery: Madras High Court Refuses Plea For DNA Test

The Madras High Court recently refused a man's application seeking a DNA test of his child, alleging that the child born to the couple during their marriage was not his. While doing so, Justice Shamim Ahmed made it clear that DNA tests could not be used as shortcuts to prove alleged infidelity that may have taken place decades ago. The court added that the necessity of DNA tests should...

Bombay High Court Grants Ad-Interim Relief To Reliance In 'JIO' Trademark Infringement Suit Against Cab Operators

The Bombay High Court on Tuesday granted an ad-interim injunction to Reliance Industries Limited, restraining the use of its registered 'JIO' trademark by parties offering taxi services under the domain name www.jiocabs.com.A bench of Justice Somasekhar Sundaresan observed that Reliance had made out a strong prima facie case and observed that continued use of a well-known brand could...

Karnataka High Court Suggests Amendment Of CPC To Facilitate Quick Resolution Of Final Decree Proceedings In Partition Suits

While considering a dispute involving a partition suit, the Karnataka High Court has suggested the legislature to revisit and suitably amend the Civil Procedure Code to facilitate quick resolution of final decree proceedings.Justice Ananth Ramanath Hegde said: “When it comes to delay in court proceedings, partition suits occupy the top of the list, among various categories of litigation....

Mere Agreement To Sell With Option To Lease Does Not End Landlord-Tenant Relationship: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when an agreement to sell has the option to either sell or lease the property, the landlord tenant relationship continues to exist.The Court clarified that according to Section 54 of the Transfer of Property Act, 1882 “Agreement to Sell does not create any title in favour of the purchaser as it is only an Agreement to Sell but not sale or...

Plea In Kerala High Court Claims Travancore Devaswom Board Funded Global Ayyappa Sangamam, Seeks Action Against Commissioner

A petition has been filed before the Kerala High Court claiming that the Global Ayyappa Sangamam was funded by the Travancore Devaswom Board, in contravention of its affidavit claiming that event would be primarily through voluntary contributions.For context, TDB had filed the affidavit in response to a batch of petitions alleging that the event was a political and commercial one, veiled as...

HP High Court Grants Bail To Man Accused Of Accidentally Shooting Another Person, Believing Him To Be A Wild Animal

The Himachal Pradesh High Court has granted bail to the prime co-accused in the accidental shooting of another person, believing him to be a wild animal, and reiterated that the same amounts to death caused by negligence under Section 106 of the Bhartiya Nyaya Sanhita and not the offence of murder under Section 103 BNS.Justice Rakesh Kainthla remarked that: “…they did not intend to cause...

Your Roads Can't Stand One Monsoon But Toxic Waste Facility Won't Leak? MP High Court Slams State

While hearing a 2004 PIL for cleaning up of toxic waste from the 1984 Bhopal gas tragedy site, the Madhya Pradesh High Court today strongly criticised the State's decision to build a toxic waste containment site merely 500 meters away from a habitable zone.Expressing scepticism about the containment site's structural integrity to withstand any natural disasters, the court orally expressed;...

'Development Not At Cost Of Students': Gujarat High Court Asks Civic Body To Consider Plea For Excluding College Ground From Planning Scheme

The Gujarat High Court on Wednesday (October 8) directed Rajkot Municipal Corporation to decide the objections/ representation made by Mahatma Gandhi Charitable Trust which runs an engineering college in Mavdi— seeking exclusion of the college playground from the town planning scheme. In doing so the court said that while "development is appreciated" however it cannot be made at the "cost...