Meghalaya High Court
Meghalaya High Court Quashes POCSO Case Against Man Living With Survivor, Directs Authorities To Ensure Welfare Benefits For Her And Child
The Meghalaya High Court has quashed a POCSO case against a man who was living with the survivor as husband and wife and had a child with her, after noting that the survivor, who had attained majority, did not object to quashing the proceedings. The Court considered the police verification report and the report of the Secretary, High Court Legal Services Committee, before allowing the...
State Can't Interpret Church Constitution To Decide Which Faction Has Religious Authority: Meghalaya High Court
The Meghalaya High Court has held that the State, through Deputy Commissioner, cannot determine ecclesiastical jurisdiction or regulate religious functions by interpreting the internal Constitution of a religious denomination.Justice H.S. Thangkhiew observed, “The existence of a dispute between two groups cannot, by itself, confer unlimited jurisdiction upon the executive authority to...
Meghalaya High Court Quashes POCSO Case Against Man Living With Survivor As Husband Since 2017
The Meghalaya High Court has quashed a POCSO case involving a couple living together as husband and wife since 2017, after considering the survivor's informed consent, the police verification report and the circumstances of their family.Chief Justice Revati Mohite Dere, referring to the Court's earlier ruling in Shri Shalenbor Wahlang v. State of Meghalaya, observed that the survivor and...
Meghalaya High Court Drops Contempt Proceedings Against Advocates After Unconditional Apology Over Court Boycott
The Meghalaya High Court on Wednesday (October 14) closed a suo motu contempt petition registered with regard to the call for abstention of judicial work given by the Shillong Bar Association and the High Court of Meghalaya Bar Association to all districts, after the Advocates have tendered unconditional apology and assured that they will not participate in any such abstention calls in...
Lawyers' Strike To Seek Removal Of Advocate General 'Completely Illegal': Meghalaya High Court Issues Contempt Notices
Courts cannot be used by lawyers to achieve their objective, it held.
Meghalaya High Court Expresses Displeasure Over Amicus' Non-Appearance Amid Lawyers' Strike; Says Their Loyalty Is To Justice, Not To Bar Body
The Meghalaya High Court recently expressed its displeasure that the lawyer appointed as an Amicus Curiae in an ongoing suo-motu PIL did not appear before the court on the date fixed due to strike called by advocates seeking removal of Advocate General for Meghalaya.The division bench comprising the Chief Justice Revati Mohite Dere and Justice W. Diengdoh in its order noted:“Amicus is...
Meghalaya High Court Directs Authorities To Pay Land Acquisition Compensation For Border Fencing Within 3 Months
The Meghalaya High Court has directed the State and Union authorities to resolve their differences concerning the draft awards and disburse compensation to landowners whose land was acquired for construction of the Indo-Bangladesh Border Fencing within three months. The Court observed that possession of land cannot be taken by the Government while compensation is withheld for years without...
POCSO Case Can Be Quashed In Exceptional Cases Based On Informed Victim Consent, Marriage: Meghalaya High Court
The Meghalaya High Court has observed that a POCSO case may be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the basis of consent, even though the Protection of Children from Sexual Offences Act, 2012 is a special statute.However, the Court clarified that such power must be exercised with due care, caution and circumspection in exceptional cases, having regard...
Reviewing Officer Must Give Specific Reasons For Departing From Reporting Officer's APAR Assessment: Meghalaya High Court
The Meghalaya High Court has held that where a Reviewing Officer differs from the assessment of the Reporting Officer in an Annual Performance Assessment Report (APAR), such departure must be supported by specific and cogent reasons. The Court accordingly directed the authorities to reconsider the petitioner's APAR in accordance with the applicable DoPT instructions and guidelines, after...
Touching A Child's Breasts With Sexual-Intent Constitutes Sexual Assault U/S 7 POCSO Act: Meghalaya High Court
The Meghalaya High Court has held that touching the breast of a child with sexual intent constitutes “sexual assault” under Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), even in the absence of penetration. The Court observed that the statutory definition expressly covers sexual-intent physical contact with the breast of a child and upheld the...
Lawyer's Illness Alone Cannot Justify Condoning 215-Day Delay; Litigants Must Remain Vigilant: Meghalaya High Court
The Meghalaya High Court has held that the inability or illness of a lawyer, by itself, cannot constitute sufficient ground for condoning a long and inordinate delay in filing an appeal, emphasising that litigants are equally duty-bound to remain vigilant about their rights and the judicial proceedings initiated by them. Setting aside an order condoning a delay of 215 days, the Court...
Meghalaya High Court Rejects Bail To Man Accused Of Sexually Assaulting Minor, Says He Betrayed Child's Trust
The Meghalaya High Court has refused to grant bail to a man accused of sexually assaulting and molesting a minor at a children's home, observing that the accused had allegedly betrayed the trust reposed in him by the children, who regarded him as a grandfather. The Court noted that the material on record prima facie indicated that he had taken advantage of the child's vulnerability....