Version Of "Sterling Witness" Should Be Unassailable: Gauhati High Court

The Gauhati High Court held that the version of sterling witness is of very high quality and calibre and therefore, requires it should be unassailable while hearing a criminal appeal against the conviction of the appellant by the Special Court under section 4 of the POCSO Act, 2012.Sterling witness as defined in Rai Sandeep v. State (NCT of Delhi) (2012) 8 SCC 21 is a witness whose version can...

'Black Fungus Can't Be Considered As Pandemic', Rajasthan HC Disposes PIL Seeking Compensation To Next Kin Of Deceased Died Due To Covid & Black Fungus

A division bench of Rajasthan High Court, Jaipur observed that Black Fungus infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic. Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, while refusing to give any direction on the plea, observed: "An issue of providing compensation for victims...

Sabka Vishwas Scheme - Enquiry Initiated After Deadline Will Not Bar Filing Of Voluntary Disclosure: Bombay High Court

The Bombay High Court has ruled that initiation of investigation by the Goods and Services Tax authorities after June 30, 2019 – deadline for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) – cannot be a bar for the authorities to consider a declaration filed by a party under the SVLDR scheme.In a judgment last month, a division bench of Justices RD Dhanuka and SM...

No Embargo In Treating Testimony Of A Child Witness As The Sole Basis For Conviction: Punjab And Haryana High Court

Stating that statutorily, there exists no prohibition on child witnesses to depose in criminal or civil cases, except when the child does not understand the questions put to them, the Punjab and Haryana High Court has observed that when a child fully understands the questions and can provide answers regarding the same, rationally, then the testimony of a child witness can be the sole...

Case Of Fabrication of Documents Can't Be Quashed Saying There Is No Revenue Loss To State: Supreme Court

The Supreme Court recently set aside the High Court's order which gave an effect to the reasoning that fabrication of documents was permissible if it did not cause loss to the revenue. The bench of Justices SK Kaul and MM Sundresh was considering a criminal appeal assailing Andhra Pradesh High Court's order dated November 9, 2011. While setting aside the order, the bench...

Employee Of Border Roads Organization Has No Fundamental Right To Claim Deputation To Any Other Organization Or Dept Like NHAI: Delhi High Court

The Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation or Department like National Highways Authority of India (NHAI).A bench comprising of Justice Manmohan and Justice Navin Chawla added that since an employee of Border Roads Organisation has to work primarily in the said Organisation, he has only...

No Frustration Of Contract Due To Mere Commercial Hardships Caused By Pandemic: Kerala High Court

The Kerala High Court has recently ruled that the occurrence of a commercial difficulty or hardship to perform a contract is not an excuse to back out from contractual obligations which the parties had agreed to in the first place. A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar while dismissing a petition, observed that merely because the pandemic has made...

Placing Hand On Woman's Body While She Is Sleeping Prima Facie An Offence U/S 354A IPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that a man placing hand on woman's body while she is sleeping prima facie constitutes an offence under Section 354A which prescribes punishment for sexual harassment. The acts punishable under Section 354 A are: physical contact and advances involving unwelcome and explicit sexual overtures; ora demand or request for sexual...

Compromise Deed Must State Reasons For Settlement For Quashing Of FIR & Criminal Proceedings: Punjab & Haryana High Court

High Courts are empowered under Section 482 of CrPC to quash FIR and further criminal proceedings, even for non-compoundable offences, if a compromise has been reached and the matter is personal. However, to seek such quashing, the compromise deed must not have inconsistencies and must state clear and specific reasons for the compromise, Punjab and Haryana High Court has held. In a...

If Sufficient Cause Is Shown, Delay Can Be Condoned For Substantive Justice U/S 5 Limitation Act: Gujarat High Court Grants Relief To Govt Company

"The consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the Court to condone delay and admit the appeal. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice", the Gujarat High Court observed recently....

Purpose Of Admitting Students In Schools Under EWS Category Is To Ensure Access To Quality Education To Under-Privileged Students: Delhi High Court

The Delhi High Court has observed that the purpose of admitting students to schools under the Economically Weaker Section (EWS) category is to ensure that students of the under-privileged strata of society get access to quality education as envisaged under Article 21A of the Constitution of India. Justice Rekha Palli was dealing with a petition moved by a private unaided and recognised...

Covid-19: Courts In Rajasthan To Function In Virtual Mode Till 8 February; HC Issues Guidelines For Functioning In Hybrid Mode From 9 February

In view of the gradual improvement in the conditions arising out of Covid-19 and relaxation in the conditions imposed by the State Government, the Registrar General of Rajasthan High Court has decided to extend the virtual hearing of Rajasthan High Court, Subordinate Courts, Special Courts and Tribunals in Rajasthan till 8 February 2022. The Registrar General also issued guidelines...