S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

"Sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance," the Court said.

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence.A single judge, Justice H P Sandesh dismissed the petition filed by Sunil Yadav who was convicted for offences...

Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'

The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and...

Once A Citizen Has Been Conferred A Degree, It Would Be Valid All Over India & Has To Be Recognised By All Institutions: Karnataka HC

The Karnataka High Court has declared that the Kerala State or State Nursing Council cannot seek to deny registration of a Karnataka graduate in BSc Nursing, on the ground that the said student has not graduated from a college within the state.A single judge, Justice Suraj Govindaraj held thus while allowing a petition filed by two natives of Kerala who completed their nursing course in...

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the Court situated in the same district.Justice N.S...

Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order

The J&K High Court has ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.The court...

[PM Modi Degree Row] No Public Interest, Mere Curiosity Not Enough To Approach RTI Forums: Delhi University To High Court

In the case related to Prime Minister Narendra Modi's academic degree, the Delhi University on Tuesday told the Delhi High Court that mere curiosity is not enough to approach Right to Information (RTI) forums. SGI Tushar Mehta made the submission on behalf of the varsity before Justice Sachin Datta. The Court was hearing DU's plea filed in 2017 challenging an order of the Central...

Kerala High Court Rejects Septuagenarian's Plea Against 'Brain Death', Says Parliament Recognized It Through Definite Medical Procedure

The Kerala High Court has ruled that it cannot review the concept of brain death in India since the Parliament is the only authority to define brain death. The Court further stated that the Parliament through the Transplantation of Organs and Tissues Act (THOTA) of 1994 has recognized brain death and the procedure for transplantation of human organs from brain dead patients in India.The...

"Corruption In High Places Seriously Impacts Public Confidence": Calcutta High Court On Graft Charges Against Ex-RG Kar Principal Sandip Ghosh

While hearing a continuing matter around the corruption and mismanagement charges against former RG Kar principal Sandip Ghosh, the Calcutta High Court has observed that the trial court must expeditiously proceed with the trial since such charges against higher-ups in the hospital with alleged collusion with state officials had eroded public confidence, which needed to be restored with a...

Reconciliation In Matrimonial Matters Before Family Court Not Permissible Through Video Conferencing: Andhra Pradesh HC Reiterates

The Andhra Pradesh High Court has reiterated that reconciliation proceedings between a married couple before the Family Court are to be conducted in the personal presence of both parties and video conferencing in such a case is impermissible. Referring to Supreme Court's decision in Santhini v. Vijaya Venkatesh (2018), Justice Ravi Nath Tilhari held: "I am of the considered...

Urgent Need To Approve Amended Rules For Issuing Notice/ Summons By Email In Commercial Courts: Karnataka High Court To State

The Karnataka High Court has directed the state government to inform by February 25, on the status of the recommendation made by the High Court for amendment of rules allowing service of notices/summons through email in the Commercial courts at Bangalore.Justice R Devdas while hearing the petition filed by Advocate Anirudh Suresh said, “The State government should be informed that there is...

Restaurant Not Responsible For Raw Material Quality When Sealed Pack Bought From Registered Manufacturer With Proper Invoice: Allahabad HC

The Allahabad High Court has held that a Food Business Operator cannot be held responsible for quality of the raw materials used by him when the same have been bought from registered manufacturers in sealed packet with proper invoice.While dealing with Turmeric Powder manufactured by Goldiee Masala contaminated with lead chromate, Justice Arun Kumar Singh Deshwal held “if any food...