Intended To Blackmail Leaseholders: Madras High Court Dismisses Plea To Stop Construction Of Sand Quarries With 50K Cost

The Madras High Court recently dismissed a petition filed to stop the construction of sand quarries at three villages of Nagapattinam District after observing that the same was filed without bonafide.The bench of Chief Justice Munishwar Nath Bhandari and Justice Bharatha Chakravarthy held that the petitioner, who himself had a criminal track record under the Mines and Minerals (Development...

Redness & Swelling In Vaginal Walls Sufficient To Show 'Penetrative Sexual Assault' Even Though Insertion Of Male Organ Not Alleged: Meghalaya HC

The Meghalaya High Court has held that redness and swelling in the vaginal walls by a woman who was sexually assaulted coupled with difficulty in passing urine are sufficient proofs of penetration, even though 'complete insertion' of male organ is not specifically alleged.While dismissing the appeal filed by a person convicted for committing penetrative sexual assault on a young girl,...

Orissa High Court Monthly Digest: July 2022

Nominal Index: 1. State of Odisha & Ors. v. Radhakanta Tripathy & Anr., 2022 LiveLaw (Ori) 109 2. Gobardhan Gadaba @ Gadava v. State of Odisha, 2022 LiveLaw (Ori) 110 3. Naba Krishna Mahapatra v. State of Odisha & Ors., 2022 LiveLaw (Ori) 111 4. Kishore Bira v. State of Odisha, 2022 LiveLaw (Ori) 112 5. M/s. Patel Brothers &...

Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered

Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. The chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found...

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be deemed to be...

CJI Ramana Stresses On Need For Simple Judgments And Accurate Legal Reporting

The Chief Justice of India, N.V. Ramana, was invited as the Chief Guest for the launch of "Supreme Court Cases (SCC) Pre '69" by the Eastern Book Company. While addressing the gathering, CJI Ramana propagated for simpler language to be used by judges while writing judgements. He stated that the reasoning and conclusion of a judgement must be clear so that the consumer of justice knows the...

Hormonal Imbalance/ Irregular Menstruation Of Women Cannot Be Considered As Female Impotency: Madras High Court

The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex. Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.The bench held...

EPS Case : Pension Corpus Remains Intact, Payments Coming From Interest, EPFO Can't Raise Fund Issues - Employees To Supreme Court [Day 5 Hearing]

On the fifth day of the EPF Pension case hearing (Wednesday), the pensioners told the Supreme Court that the verdict in R.C. Gupta v. Regional Provident Fund Commissioner, which held that there is no cut-off for opting for pension, is correct and applies to them in the present case.The argument was put forth by Senior Advocate Gopal Sankaranarayanan before a 3-judge bench comprising Justices...

Mere Gathering Of More Than 5 Persons Not "Unlawful Assembly": Madras HC Quashes Case Against Law Students Protesting Against Srilankan Govt

The Madras High Court recently quashed criminal proceedings against 11 law students accused of raising slogans against the Srilankan Government, demanding their "Tamil Ealam issues". Justice N Satish Kumar observed that the students had democratically raised protest against the inaction of the police and such a gathering could not be held unlawful. The court observed as under:At any event,...

PIL Seeks Special Assistance For All Differently-Abled Students In Exams; Kerala High Court Issues Notice To Centre, State & Education Dept

A Public Interest Litigation (PIL) has reached the Kerala High Court seeking assistance for all differently-abled students in examinations, regardless of the percentage of their disability.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly recently issued notice to the Centre, State and the relevant State Education Separtments in the plea. The PIL has also sought rules...

Courts Today- A Daily Round Up Of Important Legal Developments- 10.8.2022

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[No PMLA Case Without Scheduled Offence] ED Approaches Bombay High Court Against Special Court's Release Order Based On SC Judgment

The Bombay High Court on Wednesday agreed to hear ED's plea against an interim order directing the release of two accused in a money laundering case following the Supreme Court's recent judgement on the Prevention of the Money Laundering Act (PMLA). Justice PD Naik granted ED circulation for Thursday after the matter was mentioned by Special Public Prosecutor Hiten Venegavkar...