Gujarat High Court Quashes 2010 Rape FIR Lodged Against Minor, Says Police Didn't Know Of S.83 IPC Applicable On Children Between 7-12 Yrs

The Gujarat High Court has quashed a 2010 FIR lodged against an accused who was a minor at the time of the alleged incident, noting that the concerned police authorities must not have had knowledge of Section 83 of IPC, which is applicable on children between 7-12 years.Justice JC Doshi in his order referred to Section 83 IPC which states that "nothing is an offence" which is done by a...

Allahabad High Court Commutes Death Penalty To Life Term For Not Less Than 25 Yrs Sans Remission In Minor Cousin's Rape-Murder Case

The Allahabad High Court on Tuesday (July 29) commuted the death penalty awarded to a man convicted of committing rape and murder of his minor cousin to life imprisonment for not less than 25 years without reprieve or remission of sentence. The Court modified the sentence while observing that the offence was of a heinous and diabolic nature, but it may not be said that brutality...

Ordering Police Custody Of Land Without Specific Duration In Absence Of Pending Case 'Illegal': Rajasthan High Court Quashes S.145 CrPC Order

While setting aside attachment proceedings over a disputed property Rajasthan High Court held that if the land in question belonged to a private individual, passing an order that failed to specify duration of police custody of the land rendered the direction illegal, vague and unsustainable.Justice Farjand Ali further observed that continues possession of the land by the police in absence of...

'Important & Relevant': AP High Court Seeks State's Reply On PIL Claiming Lack Of Organ Transplant Centres, Paucity Of Donors

The Andhra Pradesh High Court has sought State's response on a 2016 PIL highlighting the lack of medical centres which cater to organ transplants in the State.A division bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati in its order directed the Department of Health, Medical and Family Welfare of the State to file a reply. It said:"The issue raised in the present...

Delhi High Court Dismisses Another Plea Against Centre's Decision To Revoke Celebi's Security Clearance

The Delhi High Court on Thursday dismissed a plea filed by another plea filed by Turkey based company namely Celebi Ground Handling India Private Limited, challenging the decision of the Central Government's Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".Justice Tejas Karia pronounced the verdict and dismissed the petition. On...

Conviction For 'Petty Offence' Not Enough: Karnataka High Court Gives Relief To Peon Whose Appointment Offer Was Cancelled By Sessions Court

The Karnataka High Court has upheld a single judge's order which had set aside a communication issued by the Principal District and Sessions Judge, Kollar cancelling the offer of appointment to the post of 'Peon' in the Judicial Department of Kolar District.A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi dismissed the appeal filed by the Chief Administrative Office, of...

Party Entitled To Court Fee Refund When Settlement Happens At Appellate Stage: Rajasthan High Court Orders Issuance Of Refund Certificate

Rajasthan High Court set aside an order of the Trial Court that rejected petitioner's application seeking refund of Court Fees in light of settlement on the ground that the settlement was reached at the appellate stage after decree was passed by the trial court.The bench of Justice Arun Monga observed that the district judge seemed to have committed a grave error in interpreting the provision...

Disciplinary Action | Punishment Order Not Invalid For Mere Non-Mention Of Specifics Of Show Cause Notice: Allahabad High Court

The Allahabad High Court has held that unless there is any clear illegality, punishment order cannot be held to be invalid merely because it does not include all specifics of the show cause notice.The bench of Justice Manju Rani Chauhan held,“This Court is of the opinion that a punishment order cannot be held invalid merely on the ground that it does not specifically mention the details of...

Delhi High Court Asks PWD To Advance ₹25 Lakh To Army For Bailey Bridge To Prevent Rajputana Rifles Soldiers' Passage Through Filthy Drain

The Delhi High Court has directed the Public Works Department (PWD) to pay an advance sum of Rs. 25 lakh to the Army for initiating construction of a Bailey Bridge for soldiers of the Rajputana Rifles who have to pass through a filthy drain every morning while marching out of their barracks for heading towards the parade ground.A division bench comprising Justice Prathiba M Singh and...

Jharkhand High Court Seeks DGP's Affidavit On Steps Taken To Implement Beef Ban In State

The Jharkhand High Court has sought a personal affidavit of the Director General of Police with regard to action taken on earlier directions including steps taken to prohibit sale of bovine meat in markets like Qureshi Mohalla as well as other parts of Ranchi, wherein slaughter of bovine animals is prevent under State Law.The court was hearing a PIL filed to prohibit the illegal culling...

Mere Pendency Of Criminal Case Not Ground For Denying Compassionate Appointment: Allahabad High Court

The Allahabad High Court has held that mere pendency of criminal case cannot be a ground for denying compassionate appointment and the discretion with the employer to grant appointment must be exercised objectively. It further held that the character certificate given by the District Magistrate holds some weightage in considering a person's application for compassionate appointment.Noting...

Delhi High Court Denies Relief To DMRC Engineer Accused Of Stealing Ticket Machine, Selling Illegally Recharged Smart Cards

The Delhi High Court has refused to stay disciplinary proceedings against a Junior Engineer working with Delhi Metro Rail Corporation (DMRC) accused of stealing the ticket machine and selling illegally recharged smart cards, causing loss of Rs. 28 lakh to the organisation. A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul observed that the attempt of the Junior...