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Can POCSO Cases Be Quashed On The Basis Of Compromise? Supreme Court Issues Notice In SLP Challenging Kerala HC Judgment
Can POCSO cases can be quashed on the basis of compromise between accused and victim? The Supreme Court issued notice in a special leave petition filed against Kerala High Court judgment in which this issue was raised.The accused in this case was the teacher of the victim. The allegation against him was that he touched her cheeks and kissed on her forehead etc. Following complaint, a crime...
Frivolous Petitions Filed Only To Arm Twist Police Officers Ought Not To Be Entertained: Delhi High Court
The Delhi High Court has observed that the Court has to ensure that frivolous petition filed only for the purpose of arm twisting the police officers ought not to be entertained. "It is the duty of the State to provide protection to every citizen of the country but at the same time this Court has to ensure that frivolous petitions, which are filed only to interfere with the investigation and...
Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
The Supreme Court reiterated that the Section 202(2) CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. The Court observed that the evidence of witnesses on behalf of the complainant shall be permitted on affidavit."If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases...
ITAT Cannot Recall Its Order By Invoking Power U/Sec 254(2) Income Tax Act : Supreme Court
The Supreme Court observed that the Income Tax Appellate Tribunal cannot recall orders passed by it invoking power under Section 254(2) of the Income Tax Act.Section 254(2) power is only to correct and/or rectify the mistake apparent from the record and not beyond that, the bench comprising Justices MR Shah and BV Nagarathna said.In this case, the ITAT allowed the Revenue's appeal and held...
Cross Gender Massage Does Not Amount To 'Sexual Activity': High Court To Delhi Government
The Delhi High Court on Friday told the Delhi Government that a cross-gender massage, merely by itself, does not mean that it amounts to a sexual activity. "Just because it is cross-gender massage, does not mean that it is a sexual activity," orally remarked Justice Rekha Palli who was hearing pleas challenging the guidelines issued by the Delhi Government banning cross gender spa and...
Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court
The Supreme Court of India has held that ex parte enhancement of sentence by the High Court is against the statutory mandate of the law under CrPC that provides for an opportunity to show case before enhancement of sentence in criminal revision.A Bench compromising Justice Sanjiv Khanna and Justice Bela Trivedi set aside Madras High Court's order that enhanced the sentences imposed on...
Allahabad High Court Quashes NSA Detention Order Of 6 CAA-NRC Protestors
The Allahabad High Court recently quashed detention orders passed against 6 persons on account of their alleged participation in the violent demonstration against the N.R.C./C.A.A. that took place on December 16, 2019, in Mau.Essentially, the bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) was dealing with a clutch of Habeas Corpus pleas, wherein directions were sought...
Pay Minimum Wages To Workers During Construction Ban : Supreme Court Directs Delhi, UP & Haryana Govts
The Supreme Court on Friday directed the Delhi NCR States to comply with its order for payment of wages notified under the Minimum Wages Act to workers in wake of ban on construction activities due to the ongoing Pollution crisis in the National Capital. A Bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant had on November 24th re-imposed the ban...
'Students Should Not Suffer': Calcutta High Court Bars Rustication Of Students, Withholding Of Admit Cards, Results For Non-Payment Of Fees
The Calcutta High Court on Friday underscored that despite the pending litigation regarding non-payment of school fees for the academic year 2020-2021, the concerned students should not suffer and that online classes should be continued to be provided to them. The Court also ruled that no student should be expelled on the ground of non-payment of fees and that admit cards and results should...
Right Against Sexual Harassment Part Of Right To Life & Dignity Under Article 21 : Supreme Court
The Supreme Court on Friday observed that the right against sexual harassment is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. The Court stressed that it is important that that the spirit of this right is upheld instead of rejecting sexual harassment complaints on "hyper-technical" grounds.The Court highlighted that the...
Bombay High Court Rejects Shiv Sena Leader Anandrao Adsul's Pre-Arrest Bail Plea in PMLA Case
The Bombay High Court on Friday refused anticipatory bail to Shiv Sena leader and former MP Anandrao Adsul in connection with the alleged Rs 980 crore City Co-operative Bank fraud being investigated by the Enforcement Directorate. Justice Nitin W Sambre passed the verdict on Adsul's appeal seeking anticipatory bail. On October 14, the High Court had rejected Adsul's...