Victim Would Be In Shock After Rape, Can't Be Expected To Travel Alone At Night To Lodge FIR: Bombay High Court Upholds Man's Conviction

The Nagpur bench of the Bombay High Court recently held that a woman, who is raped, would be in shock and thus she cannot be expected to travel alone in the night to the police station to lodge a criminal complaint against the accused person.Single-judge Justice Govind Sanap made the observation while upholding a man's conviction for raping a woman. The judge refused to accept the contention...

Trial Courts' Obligation To Compute And Award Victim Compensation Can't Be Delegated To DSLSA U/S 357 CrPC: Delhi HC 5 Judge Bench

A five judge bench of the Delhi High Court has ruled that the obligation and duty casted upon the trial courts to compute and award quantum of victim compensation cannot be delegated to the Delhi State Legal Services Authority Statutory Authority (DSLSA) as the same would run contrary to the scheme of Section 357 of the Code of Criminal Procedure.The full bench comprised Justice Rekha...

Cannot Interpret Maternity Leave Rules To Deny Leave For Third Pregnancy Even If Claimed For First Time: Madras High Court

The Madras High Court recently observed that the Maternity Leave Rules have to be interpreted in such a way that a woman employee would be entitled to seek leave twice during her service period and not in such a manner to deny her maternity leave for her third pregnancy even if it is taken for the first time. “The Rule has to be interpreted in such a manner that a women...

Woman Allegedly Raped, Impregnated By Own Brother, Father | 'Unforgivable Betrayal Of Blood & Trust': Allahabad HC Denies Bail

Denying bail to father-son duo accused of committing rape against real daughter/sister and impregnating her, the Allahabad High Court last week termed it a case of an unforgivable betrayal of blood and trust. “I find that facts of this case and allegation of rape on victim by her real brother and father are very rare and heinous in nature…The hands of father and brother meant...

Consensual Sexual Relationship Not Licence For Man To Assault Woman: Karnataka High Court Refuses To Drop Case Against Circle Inspector

The Karnataka High Court has refused to quash an attempt to murder case registered against a police officer who is accused to have assaulted a woman with whom he was in a consensual relationship for several years.Justice M Nagaprasanna said “I deem it appropriate to hold that consensual acts between the accused and the victim for having sexual relationship, can never become a licence to the...

S. 321 CrPC | Prosecution Can't Be Withdrawn Merely On Govt Issuing An Order, Public Prosecutor Must Apply His Mind: Allahabad HC

The Allahabad High Court has observed that withdrawal of prosecution under Section 321 CrPC is not permissible merely because the Government issues an order in this regard. It added that the public prosecutor must apply his mind by mentioning in his application that he is satisfied that it has been made in good faith and in the interest of public policy and justice. A bench...

Bombay High Court Pulls Up BCI, BCMG For Suspending Female Lawyer's Licence Without Following Principles Of Natural Justice

The Bombay High Court recently stayed an order passed by the Bar Council of India (BCI) by which it had suspended the licence of a Mumbai-based female advocate over a complaint by few members of the Advocate Association of Western India (AAWI)A division bench of Justices Girish Kulkarni and Advait Sethna questioned the manner in which both the BCI and the Bar Council of Maharashtra and Goa...

Direct DMs To Not Pass Orders Under Political Pressure: MP High Court To State Chief Secretary

The Madhya Pradesh High Court has asked the Chief Secretary of State to direct District Magistrates to not act and pass orders under political pressure, without appreciating the true intent and meaning of law.A single judge bench of Justice Vivek Agarwal observed, “Chief Secretary of the State of M.P. is requested to call a meeting of all the District Magistrates and give them confidence...

Kerala HC Warns Of Anarchy And Breach Of Discipline If Govt Servants Violate Govt Orders, Seeks Action On Installing Illegal Hoardings

The Kerala High Court on Friday (January 24) directed the state government to inform the Court as to what action it proposes to take against government servants who were responsible for allegedly installing an illegal and massive hoarding in front of the State Secretariat, despite prohibitory orders passed by it.Justice Devan Ramachandran was informed that the illegal hoarding was...

Madhya Pradesh HC Notice To NCPCR, State Commission On PIL Seeking Strict Compliance Of Section Mandating Public Awareness Of POCSO Act

The Madhya Pradesh High Court has issued notice to the National Commission for Protection of Child Rights and Madhya Pradesh State Commission for Protection of Child Rights in a Public Interest Litigation plea seeking strict and monitored compliance of Section 43 of the POCSO Act.Section 43 states that Centre and every State government will take all measures to ensure that the provisions of...

Punjab & Haryana HC Dismisses With Cost PIL To Make Karwa Chauth Festival Compulsory For All Women Including Widows, Live-In Partners

The Punjab & Haryana High Court dismissed a Public Interest Litigation (PIL) filed seeking declaration to make celebration of festival of “Karwa Chauth” compulsory by women irrespective of their status of being widows, separated, divorcees and the women in live-in relation.Chief Justice Sheel Nagu and Justice Sumeet Goel while dismissing the plea imposed a token cost of Rs.1000.The...

Chargesheet Filed Against Three For Mixing Feces In Water Tank: CB-CID Informs Madras High Court

The CB-CID has informed the Madras High Court that it has filed a chargesheet against three persons in connection with the unfortunate incident of mixing human feces in an overhead water tank in Vengaivayal in Pudukottai District. The unfortunate incident came to light in 2022 when human feces were found dumped in a water tank which was the only source of potable water for the...