Patna High Court Allows Termination Of Pregnancy Of A Minor Victim Of Sexual Abuse

The Patna high Court recently allowed termination of pregnancy of a minor victim of sexual abuse.Justice Anil Kumar Sinha observed that a plain reading of the provisions of the Medical Termination of Pregnancy Act, 1971, shows that with the consent of pregnant woman or the guardian in case of minor, the pregnancy can be terminated by two registered Medical Practitioners, where the...

Allahabad High Court Emphasizes On Need To Maintain, Preserve Ecosystem & Biodiversity At Sandi Bird Sanctuary

The Allahabad High Court on Tuesday emphasized the need to maintain and preserve the ecosystem and biodiversity at the Sandi Bird Sanctuary, situated in the Hardoi district of the state.The Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi observed this while dealing with a Public Interest Litigation (PIL) plea moved by Inner Wheel Club Through its President...

Man Can't Run Away From Responsibility Towards Son & Wife By Simply Seeking Divorce To Serve His Parents: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently dismissed the appeal preferred by Appellant/husband for grant of divorce, holding that being a husband and a father, he could not run away from the responsibility by simply taking divorce on the ground that he wants to serve his mother and father for the remainder of his life or that he and his wife were not living together...

Justice Kurian Joseph To Lead Mediation For Release Of Indian Woman Sentenced To Death In Yemen

In a significant development in the case of Nimisha Priya, an Indian woman who is facing death sentence in Yemen for the murder of a Yemeni citizen, former Supreme Court judge Justice Kurian Joseph has agreed to lead a mediation attempt for her release.As per Yemeni law, a convict in a murder case can be released if the family members of the victim pardon the crime.Speaking to LiveLaw,...

S.43D UAPA: Karnataka High Court Denies Default Bail To Man Allegedly Having Links With ISIS, Upholds Extension Of Judicial Custody To 180 Days

The Karnataka High Court recently rejected a petition seeking default bail filed by an accused alleged to be having links with banned terrorist organizations. The applicant allegedly entered into criminal conspiracy to radicalize and motivate gullible Muslim youths to join Islamic State in Iraq and Syria ('ISIS').A single judge bench of Justice M Nagaprasanna while rejecting the plea...

No Marks Of Violence On Any Part Of Victim's Body, Accused Entitled To Benefit Of Doubt: Calcutta High Court Sets Aside Conviction For Rape

The Calcutta High Court has recently set aside the conviction for the offence of rape under Section 376 of the IPC after observing that since no marks of injury had been found on the body or private parts of the victim, the allegation of 'forcible rape' is not sustainable. Justice Bibek Chaudhuri noted that the victim had been examined by the concerned Medical officer after 12 days of...

BCI Examining Proposal That Senior Advocates Should Compulsorily Induct 5 Newly Enrolled Advocates

On the recommendation of the Supreme Court to revisit the present mechanism of induction into the legal profession, to improve the quality of professionals joining the Bar, the Bar Council of India ("BCI") had submitted an affidavit indicating the changes it seeks to implement to achieve the same. On 15.03.2022, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh had...

"Conviction Based On Untrustworthy Last Seen Evidence": Allahabad High Court Acquits 3 Accused In A 30 Year Old Murder Case

The Allahabad High Court on Tuesday set aside the conviction of 3 murder accused in a 30 year old case as it found that the conviction recorded by the Trial court was based on untrustworthy last seen evidence.The Court also opined that the accused had been seriously prejudiced on account of the non-examination of the Investigating Officer during the trial, and this omission had created a...

Legality Of The Policy, Not Its Wisdom Or Soundness Is Subject Of Judicial Review U/A 226: Calcutta High Court

The Calcutta High Court on Wednesday has observed that policy decisions of the State are not to be disturbed unless they are found to be grossly arbitrary or irrational. While examining the scope of judicial review of an administrative action, Justice Shampa Sarkar observed, "The scope of judicial review when examining a policy of the government is to check whether it violates the...

"You Will Soon Get A Good News" : CJI Ramana To Judicial Officers On Pay Commission Issues

The Chief Justice of India NV Ramana on Friday said that the judicial officers will soon receive a "good news" on the issues related to the pay commission.The CJI was addressing the Telangana State Judicial Officers at at the inaugural event of Telangana State Judicial Officers Conference 2022 at Hyderabad. While stressing on the importance of taking care of one's physical and mental health,...

Touching Minor's Hand Sans Intention To Molest Won't Amount To 'Sexual Assault': Tripura HC Acquits Man Of POCSO Charges

The Tripura High Court recently acquitted a man booked and convicted under, inter alia, Section 8 of the POCSO Act [Punishment for sexual assault] for allegedly touching a minor's hand as the Court noted that the prosecution and the victim had said nothing about the intention of the accused to molest.The Bench of Justice Arindam Lodh, which was hearing an appeal filed by the accused against...

Proviso To S.6 Guardians & Wards Act Does Not Render Father's Custody Of Minor Below 5 Yrs "Illegal": Patna High Court

The Patna High Court has held that custody of a child aged below five years with the father cannot be said to be "illegal". Justice Ashwani Kumar Singh remarked,"Proviso to clause (a) of Section 6 of the Guardians and Wards Act of 1956 though carves out an exception but it does not render the custody of a minor child aged below five years with his/her father illegal."Section 6(a) says that...