Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'

The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –“In such circumstances, if...

Karnataka High Court Quashes Defamation Case Against Congress Leader Over Remarks On The Word 'Hindu'

The Karnataka High Court has quashed a defamation case registered against Congress Leader and Member of Legislative Assembly Satish Jarikholi, who was charged under Section 500 and 153 of the Indian Penal Code, alleging to have hurt the sentiments of Hindus as he made a statement that the word “Hindu” has a dirty meaning.A single judge Justice M Nagaprasanna allowed the petition filed...

Freedom Of Speech Not License To Transgress Limits Of Decency: Madras High Court Denies Anticipatory Bail To AIADMK Women's Wing Leader

Dismissing the anticipatory bail petition filed by AIADMK's State Deputy Secretary of the Women's Wing- Amudha, the Madras High Court highlighted that though the Constitution of India guarantees the fundamental right of speech and expression however this right cannot be taken advantage of to cross the limits of decency. While doing so, Justice AD Jagadish Chandira also noted that the...

Filing Of Affidavits Or Self-Serving Documents Insufficient To Prove Employer-Employee Relationship: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Milind Ramesh Phadke dismissed a petition filed by Ashok Singh Tomar. Tomar challenged the Labour Court's order that dismissed his claim for reinstatement and back wages after he was terminated. The High Court ruled that Tomar provided insufficient evidence to establish an employer-employee relationship. It noted that just...

Impossible For A Middle-Class Woman To Have Even A Square Meal From Paltry Maintenance Amount Of ₹2.5K: Allahabad HC

The Allahabad High Court has observed that it is almost impossible for a woman who belongs to a middle-class family to have even a square meal from the paltry amount of Rs.2500/- A bench of Justice Ram Manohar Narayan Mishra observed thus while partly allowing a wife's criminal revision plea challenging an order passed by a Family court under Section 125 CrPC, directing her...

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court

The Orissa High Court bench of Chief Justice Chakradhari Sharan Singh has held that dispute related to infringement of copyright is arbitrable for which arbitrator can be appointed by the court under section 11 of the Arbitration Act. Brief Facts The present application has been filed under section 11(6) of the Arbitration Act, seeking appointment of an Arbitrator to resolve...

On Recusal Of Arbitrator Appointed By Court U/S 11 Of Arbitration Act, Substitute Arbitrator Can Be Appointed U/S 15(2): Uttarakhand HC

The Uttarakhand High Court bench of Acting Chief Justice Manoj Kumar Tiwari has held that on recusal of previously appointed Arbitrator appointed by the court under section 11 of the Arbitration Act , a substitute Arbitrator can be appointed by the court under section 15(2) of the Arbitration Act. Brief Facts The present application under section 11 read with section 15 of...

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the two special...

Employer Has Right To Lead Evidence Even After Faulty Domestic Enquiry: MP HC

Madhya Pradesh High Court: A single bench of Justice Vivek Jain dismissed a petition filed by a workers' union against an award of Central Government Industrial Tribunal (CGIT). The award was passed in favour of a dismissed worker. He was dismissed on account of unauthorized absence and the CGIT had upheld his dismissal. The Court held that an employer can lead evidence before a tribunal...

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage.The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. The accused was the father of the victim. He is accused to...

Karnataka High Court Monthly Digest: November 2024 [Citations: 454 - 489]

Citation 2024 LiveLaw (Kar) 454 to 2024 LiveLaw (Kar) 489Nominal Index: Mahantesh S Nagur AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 454Siji Malayil & ANR And Union of India & ANR. 2024 LiveLaw (Kar) 455B. SATHYANARAYANACHAR AND State of Karnataka & Others. 2024 LiveLaw (Kar) 456Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others. 2024 LiveLaw...

Andhra Pradesh HC Grants Anticipatory Bail To Man Accused Of Organized Crime, Posting Allegedly Defamatory Content On CM Chandrababu Naidu

The Andhra Pradesh High Court granted anticipatory bail to a man booked for conducting organized crime and for posting allegedly defamatory content against Chief Minister N Chandrababu Naidu and Deputy Chief Minister Pawan Kalyan on social media which was claimed to have caused political disturbance and potential violence. Justice Harinath N in its order referred to Supreme Court's decision...