Karnataka High Court Quashes POCSO Complaint Lodged By Sister Against Her Brothers Over Property Dispute

While quashing an FIR registered on the complaint of a woman under POCSO Act against her brothers, the Karnataka High Court noted that the siblings were fighting over property and it was in this light the crime was registered as a counter-blast which cannot be accepted. Justice M Nagaprasanna allowed the petition and quashed the prosecution initiated against the petitioners under...

S.307 IPC | Framing Charges Doesn't Require Direct Evidence Of Intention Or Knowledge; Can Be Inferred From Circumstances: Patna HC

The Patna High Court has ruled that at the stage of framing charges under Section 307 of the Indian Penal Code, it is not necessary to prove by direct evidence that the accused had intention or knowledge to cause death; instead, it is sufficient if the materials show either intention or knowledge, which can be inferred from the surrounding circumstances.Justice Bibek Chaudhuri, presiding over...

Insurance Company Must Insist On Disclosure Of Specific Details, Can't Repudiate Policy Later On Grounds Of Suppression: Allahabad HC

The Allahabad High Court has held that if the insurance company wants specific details to be filed in the form for issuing insurance policy, it must insist upon the person seeking the policy to disclose the same. Once the policy has been issued to the person without disclosing such facts and premium has been recovered by the insurance company, it cannot repudiate the contract on grounds...

Patna High Court Rejects Plea Against Birla Edutech For 'Commercializing Education', Says No Material To Show Violation Of CBSE Bye-Laws

In a plea seeking an inquiry against Birla Edutech Limited for allegedly commercializing education, the Patna High Court said that no blanket or fishing inquiry can be directed into all schools run under the franchisee Birla Open Minds without any specific material against it. The Court said that the Central Board of Secondary Education (CBSE) may initiate action only when specific material...

'Public Money Misused By State Govt': Rajasthan HC Halts Grant Of Scholarship To Students With Over ₹25 Lakh Annual Family Income

The Rajasthan High Court in an interim order has restrained the State government from granting benefits of Swami Vivekanand Scholarship for High Studies (earlier known as Rajiv Gandhi Scholarship) to any candidates falling under the E3 category having annual family income of more than 25 lakhs, till further orders.The court said so after noting that "millions of rupees" from...

Can't Challenge After Taking Benefit: Andhra Pradesh HC Upholds Rule On Commutation Of Govt Employees' Pension After 15 Years

The Andhra Pradesh High Court has upheld the validity of Rule 18 of the Andhra Pradesh Civil Pensions (Commutation) Rules which stipulates restoration of commuted portion of pension after 15 years from the effective date of commutation, on the grounds that the petitioners had themselves derived benefit from the rule and the prescribed 15 year period.The Court had to primarily determine...

Delhi High Court Dismisses Challenge To Provision On Limitation Under Contempt Of Courts Act

The Delhi High Court has dismissed a petition challenging the vires of Section 20 of the Contempt of Courts Act, noting that the petitioner did not raise any substantial grounds to challenge the validity of the provision.For context, Section 20 of the Contempt of Courts Act states that no court shall initiate any contempt proceedings after the expiry of a period of one year from the date on...

'Hate Speech; Working For Ghazwa-E-Hind': PIL In Allahabad HC Seeks SIT Probe Into Robert Vadra's Remarks On Pahalgam Attack

A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a probe by a Special Investigation Team (SIT) into the recent remark by Businessman and husband of Congress leader Priyanka Gandhi, Robert Vadra, on the Pahalgam terror attack. The petition, filed by the Hindu Front For Justice (through its President, Advocate Ranjana Agnihotri), claims that...

Meghalaya HC Closes Suo Motu PIL To Protect Wetlands In State After Noting None Of The Sites Fell Under Ramsar Convention

The Meghalaya High Court on April 29 (Tuesday) closed a PIL suo moto PIL to ensure that the Ramsar Convention wetland sites within the State are properly maintained and ensured, after accepting report by the Chief Conservator of Forests of the State Government which states that none of the wetlands in the State qualify as a Ramsar site.The said PIL was registered in pursuance of Supreme...

'Basis For Enquiry Is A Myth': Andhra Pradesh HC Grants Relief To Employee Denied Notional Benefits Over Anticipated Dept Enquiry

The Andhra Pradesh High Court has given relief to an employee who was reinstated into service after initial suspension, but was denied benefits of seniority and promotion under the guise of an anticipated departmental enquiry.In this regard, a Single Judge Bench of Justice Challa Gunaranjan, observed,“…5th respondent as on today not initiated any disciplinary action even after lapse of...

False Rape Complaints Not Only Puts Unnecessary Load On Overflowing Dockets But Causes Injustice To Actual Victims: Delhi High Court

The Delhi High Court has observed that false rape complaints not only puts unnecessary load on the overflowing dockets but also causes grave injustice to actual rape victims. “Every false complaint contributes to not just unnecessary load on the overflowing dockets, but also to the artifacts of crime, generating an impression in the society about falsity even of genuine complaints,...

Abandoning Duty Without Prior Sanction Is Not 'Deemed Resignation', Must Be Dealt As Indiscipline Under Civil Services Rules: Rajasthan HC

Rajasthan High Court partly allowed a plea challenging an order under Rule 86 of Rajasthan Voluntarily Rural Education Service Rules as per which a government college teacher was “deemed to have resigned”, stating that though show cause notice issued to him was correct, his act of not reporting back on duty could not be deemed as a resignation. The court said that though Rule 86 was...