'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother

Madras High Court has recently set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the adoptive mother and the biological mother. The court observed that the girl child can't be branded as one 'in need of care and protection', especially when 'two mothers are fighting with each other to give her care...

High Courts Weekly Roundup [November 22, 2021 To November 28, 2021]

Allahabad High Court1. Oral Sex With 10-Yr-Old Boy Not An 'Aggravated Sexual Assault' But 'Penetrative Sexual Assault' Under POCSO Act: Allahabad High Court [Sonu Kushwaha v. State of Uttar Pradesh] While dealing with the appeal of a POCSO Convict, accused of committing oral sex with a 10-year-old boy, the High Court observed that putting the penis into the mouth does not fall in...

Sentence Of Fine U/S 138 NI Act Must Be Sufficient To Adequately Compensate Complainant: J&K&L HC Specifies Guiding Factors For Courts

In a significant Judgment, the Jammu & Kashmir And Ladakh High Court recently issued certain guiding factors for Magistrates to consider when they pass conviction orders under Section 138 of the Negotiable Instruments Act.The Judgment by the Bench of Justice Sanjeev Kumar stresses that the sentence of fine, whenever imposed by the Criminal Court, upon conviction of accused under Section...

Educational Institution Not An 'Establishment' Under 'Telangana Shops And Establishments Act': Telangana High Court

The Telangana High Court recently held that an educational institution is not covered within the meaning and definition of 'establishment' as defined under Section 2(10) of the Telangana Shops and Establishments Act, 1988.The Bench of Chief Justice Satish Chandra Sharma and Justice B. Vijaysen Reddy took into account the Apex Court and Kerala High Court rulings to arrive at this...

Gangster Vikas Dubey's Wife Moves Supreme Court Against Allahabad HC's Order Refusing To Quash Cheating Case Against Her

The wife of slain gangster Vikas Dubey (of Bikru, Kanpur), Richa Dubey has moved the Supreme Court challenging Allahabad High Court's order refusing to quash entire criminal proceedings in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.The matter/SLP is likely to be heard tomorrow by the Bench of Justice Sanjiv...

'Mediators Are Peacemakers' : Justice Hima Kohli At Judges Conclave On Mediation Education

On 27th November, 2021, Justice Hima Kohli, Supreme Court judge, unveiled the 'Mediation Compendium' at the 1st Judges Conclave on Mediation Education organised by the illustrious E-Mediation Writings (EMW). Briefly outlining the contents of the book, which is the first book on the mediation curriculum to be recommended by the Bar Council of India for LLB courses, she referred to...

Arms Act - Illegal Use Of Licensed Weapon Per Se Not Offence Under Section 27 Unless Misdemeanour Under Sections 5/7 Proved : Supreme Court

The Supreme Court has observed that illegal use of a licensed or sanctioned weapon per se does not constitute an offence under Section 27 of the Arms Act, 1959 ("Act"), without proving the misdemeanour u/s 5 or 7 of the Act.The Court also observed that at best, it could be a 'misconduct' under the service rules.The bench of CJI NV NV Ramana, Justices Surya Kant and AS Bopanna in the...

"Such Offence Demolishes Social Fabric": Allahabad High Court Denies Bail To Man Convicted Of Raping Cousin

The Allahabad High Court recently denied bail to a man convicted of committing rape on his cousin sister (as a result of which she became pregnant and gave birth to a male child) while noting that such offence demolishes social fabric.The Bench of Justice Anil Kumar Ojha took into account the admitted position of the case that appellant (bail applicant) and rape victim are siblings...

High Court Seeks Delhi Govt's Response On Functioning Of Committee Set Up For Implementing Directions For Execution Of Recovery Certificates

The Delhi High Court has sought the response of Delhi Government on the functioning of a committee set up for implementing the directions issued for execution of recovery certificates. The development came after the Court in June this year issued slew of directions to be followed by SDM/Recovery Officer/Appropriate Authority for execution of the Recovery Certificates. The Court had...

[49 Criminal Cases 'Wrongly' Imposed On A Man In 23 Yrs] "Not Expected From UP Police": Allahabad HC Summons DGP

The Allahabad High Court recently took note of a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years and directed for the presence of the Director-General of Police, Uttar Pradesh before the Court.Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh further noted that such callous action...

Supreme Court Issues Notice In Plea Seeking Formulation Of National Level Plan For Rehabilitation Of CoVID 19 Affected Families

The Supreme Court today issued notice in a writ petition seeking formulation and preparation of National Level Plan in tandem with the State Government to ensure rehabilitation of families destroyed by CoVID 19 pandemic.The petition which also sought for waiver of education fees for students who have lost their parents due to outbreak of CoVID was listed before the bench of Justices...

'Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent': Karnataka High Court Grants Bail To Rape Accused

Whether victim had given consent under threat is a matter of trial, the Court said.