Police Filing POCSO Cases At Behest Of Minor Girl's Family Who Oppose Her Romantic Relationship A 'Trite & Unfortunate Practice': Delhi High Court

The Delhi High Court recently expressed concern of the "unfortunate practice" of police filing POCSO cases at the behest of girl's family who object to her romantic involvement and friendship with young boys."Consensual sex has been in legal grey area because the consent given by minor cannot be said to be a valid consent in the eyes of law...The rigor of the law is therefore being misapplied...

Disproportionate Assets: Supreme Court Revives FIR Against Income Tax Commissioner & Her Husband Now A Minister Of AP Govt

The Supreme Court has allowed allowed the appeal filed by Central Bureau of Investigation against a High Court judgment that quashed FIR registered by it in a disproportionate assets case against e Thommandru Hannah Vijayalakshmi, a Commissioner of Income Tax and her husband Adimulapu Suresh, who is presently a Minister in the Andhra Pradesh Government."The Single Judge has donned the role of...

'A Rather Unusual Situation': Kerala High Court Lists Matter After Delivering Final Judgment As An Accident Occurs At Construction

In an unusual move, the Kerala High Court on Friday listed a matter even after final judgment was delivered pursuant to an accident that set things on a different track. Justice Devan Ramachandran while issuing the order remarked:"This is a rather unusual situation where this Court has listed this matter even after final judgment has been delivered. I am constrained to consider this matter...

Civil Court Lacks Jurisdiction To Entertain A Suit Structured On Provisions Of Industrial Disputes Act: Supreme Court

The Supreme Court observed that a civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act.In this case, the plaintiff, who was a daily wage employee under the Himachal Pradesh State Electricity Board, challenged his termination by filing a suit before a civil court. The suit was decreed ordering reinstatement of the plaintiff with back...

Conviction Or Acquittal Cannot Be Set Aside Merely Because There Was A Possibility Of A Joint Or Separate Trial: Supreme Court Formulates Principles

The Supreme Court observed that a conviction or acquittal of the accused cannot be set aside on the mere ground that there was a possibility of a joint or a separate trial.To set aside the order of conviction or acquittal, it must be proved that the rights of the parties were prejudiced because of the joint or separate trial, the bench of Justices DY Chandrachud, Vikram Nath and BV...

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that...

NGT Not Merely An Adjudicatory Forum; Inquisitorial Functions Also Available With It To Protect Environment : Supreme Court

The Supreme Court has declared that the National Green Tribunal is vested with suo motu powers to cognizance on the basis of letters, representation and media reports. A Bench comprising of Justices A.M.Khanwilkar, Hrishikesh Roy and C.T.Ravikumar delivered the judgment on a batch of petitions (Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and connected...

Rare Genetic Disease Of Infant: Karnataka HC Lauds Centre For Swift Action, To Be Further Examined As Per National Rare Diseases Policy

The Karnataka High Court on Thursday expressed its happiness and appreciated the swift action taken by the Central government in providing medical attention to a one and a half-year-old boy, who is suffering from a rare Spinal Muscular Atrophy (Type 1) disease. Justice Krishna S Dixit said "This court at this stage of proceedings expresses its happiness about the swift action taken by...

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope,Range And Legality – Part - I [Webinar Video And Notes]

An order by a Magistrate for the detention of a person, whether in "police custody" or "judicial custody" under Section 167 (2) Cr. P.C, pre-supposes an "arrest" of such person before such order. The 3 modes of arrest laid down in Section 46 Cr.P.C are – by physically touching the body of the person to be arrested, orby confining the body of the person to be arrested, orby the...

"State Can't Discriminate Adversely": Delhi Court On Head-Phone Facility Being Given To Only One Prison Inmate For Attending Judicial Proceedings

While an accused was observing proceedings in a PMLA case using a headphone, a Delhi Court questioned the conduct of jail authorities for not providing similar facilities and privileges to other inmates who are attending court proceedings via video conferencing.The development came when Raj Singh Gehlot, owner of the Gurugram-based Ambience Mall, was attending the proceedings in connection with...

'Building Of Historical Significance': Karnataka High Court Orders Status Quo On Proposed Construction In Balabrooie Guest House

The Karnataka High Court on Thursday directed the state government to maintain status quo, until the next date of hearing, in respect of the Balabrooie Guest House which has trees which are 150-200 years old.The Court has thereby restrained the authorities from felling/ trimming trees, cutting shrubs, without the leave of the court, in the Guest House and in its adjoining...

Pre-Deposit Of 75% Of Awarded Amount U/s 19 MSMED Act Mandatory While Preferring Application To Set Aside Arbitration Award: Supreme Court

The Supreme Court observed that the the requirement under Section 19 of the Micro, Small and Medium Enterprises Development Act of deposit of 75% of the awarded amount as a pre deposit while preferring the application/appeal for setting aside the award, is mandatory.In this case, the High Court of Uttarakhand upheld the order passed by a Additional District Judge (Commercial), Dehradun in...