Victim's Familiarity With Accused, Voluntarily Going To His Room No Ground To Hold Her Responsible For Sexual Assault: Delhi High Court

The Delhi High Court has observed that a woman's familiarity with the accused is no ground to hold her responsible for the alleged sexual assault upon her by the accused.“Only because the victim had known the accused or that she was in cordial relations with him, will not make her responsible for the sexual assault,” Justice Amit Mahajan said.The Court was dealing with a plea filed by...

Kerala High Court Orders Re-Tender For Collecting Offerings In Sabarimala, Raps Travancore Devaswom Board For 'Casual' Conduct

The Kerala High Court recently passed a judgment partially setting aside the tender notification issued by the Travancore Devaswom Board relating to tenders for three items, including collection of coconuts and flowers offered by pilgrims and devotees in Sabarimala. It further asked the TDB to conduct a re-tender for these.The Division Bench comprising Justice Raja Vijayaraghavan V. and...

Income Tax | Rajasthan High Court Quashes Repeated Orders To Transfer Case, Calls Revenue's Approach 'Rigid' & 'Adamant'

The Rajasthan High Court has come down heavily on the Revenue Department for being “rigid and adamant” to transfer the case of the petitioner from Udaipur to Delhi under Section 127 of the Income Tax Act, 1961, despite the coordinate bench's earlier decision that quashed the same order.Section 127 of the Act empowers the income tax authorities to transfer a case from one Assessing officer...

'Taking Advantage Of Her Poverty Is Ruthless': Karnataka High Court Denies Bail To Senior Citizen Accused Of Raping Minor Girl

Denying bail to a 68-year-old man who along with other accused were booked for the gang rape of a minor girl, the Karnataka High Court remarked that the act of committing sexual assault by taking advantage of the victim's poverty and her community is a "ruthless act". Justice S Rachaiah dismissed the appeal filed by Channappar @ Rajaiah who was charged Sections 376(3)(rape of girl under...

Patna High Court Acquits Father-Son Duo In 1999 Kidnapping Case; Cites Unexplained Delay In FIR, Non-Examination Of IO

In a significant ruling, the Patna High Court has set aside the conviction and 10-year sentence imposed on Ram Prasad Yadav and his son Ajay Kumar Yadav under Section 364 of the Indian Penal Code (IPC) for the alleged kidnapping of the informant's son in 1999. The appeals (Criminal Appeal (SJ) No. 229 of 2004 and No. 240 of 2004) were allowed, discharging the appellants from their bail...

'Not A Country With No Rule Of Law': Gujarat High Court Says After 'Whistleblower' In Municipality Refuses To Testify Claiming Risk To Life

In a matter where an alleged whistleblower in a municipal corporation had purportedly supplied a "forged" document used in a tender but refused to come forward alleging threat to life, the Gujarat High Court on Monday (October 6) orally said that India is not a country with no rule of law. The matter pertains to a contract awarded by Vadodara Municipal Corporation to the respondent entity,...

Court Cannot Pass Orders Contrary To University's Norms: Karnataka High Court Declines Student's Plea Seeking 5th Attempt To Appear In Exam

The Karnataka High Court has held that no court can pass an order contrary to the regulations and norms prescribed by any University. Justice R Devdas held thus and dismissed a mercy petition filed by a medical student seeking a direction to the authorities to permit her to appear for the 5th time to clear the Biochemistry subject examination.The petitioner, Nisha R Kolyal, a student of...

CPI(M) Leaders Personally Appear Before Kerala High Court In Contempt Case Initiated For Blocking Road To Protest Against Central Govt

CPI(M) leaders and former legislative assembly members M.V. Jayarajan, E.P. Jayarajan, and P. Jayarajan along with MLA K.V. Sumesh (respondents 1 to 4) appeared before the Kerala High Court in a contempt case filed for allegedly causing traffic obstruction while organising a party protest in Kargil Yogasala four-lane Highway in Kannur on February 25.The protest, organised by the CPI(M), with...

Bombay High Court Refuses To Grant Interim Relief To OCI Cricketers Seeking To Play Domestic Tournaments

Observing that allowing OCI cardholders to play in domestic cricket tournaments in India would come at the cost of Indian nationals, the Bombay High Court recently declined to grant interim relief to a group of Overseas Citizens of India (OCI) challenging a Board of Control for Cricket in India (BCCI) resolution barring them from participating in such tournamentsA division bench of Justice M...

Digital Fraud Cases On The Rise, Technology Misused To Evade Law Enforcement: Delhi High Court

While denying pre-arrest bail to an accused in a cheating and fraud case, the Delhi High Court has observed that digital fraud cases are on the rise and technology is misused by individuals to evade the law enforcement. Observing that the case related to serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims, Justice Amit...

MP High Court Slams State For Approving 'Illegal' Detention Order Having Factual Errors, Warns Of Exemplary Cost

While hearing a father's petition alleging illegal detention of his son, the Madhya Pradesh High Court expressed its displeasure with the State Government for approving the order under the National Security Act despite it containing factual errors observing that it showed non-application of mind. The petitioner had in an earlier hearing produced a copy of the September 9 detention order,...

Plea Before State Bar Council Challenging Removal Of Bar Association Members Isn't Maintainable: Allahabad High Court

The Allahabad High Court has held that a plea filed before the Uttar Pradesh State Bar Council by members of a Bar Association against their 'illegal' removal is not maintainable. A Division Bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai passed the order while dealing with a writ petition filed by Naresh Kumar Mishra and three others, who were removed as members of...