Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court

The Supreme Court observed that the burden of proof on an accused in support of the defence taken under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt as it lies on the prosecution to prove the chargeThe accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the...

Complete Trial In Sexual Harassment Case Of Woman IPS Officer Against DGP By Dec 20: Madras High Court To Trial Court

The Madras High Court on Monday directed a lower court in Villupuram to complete the trial in the sexual assault complaint of a woman IPS officer against the suspended special DGP by December 20, 2021. The Madras High Court had taken suo moto cognizance of alleged sexual harassment of an IPS cadre woman officer by her senior, a Special DGP, and had decided to monitor the investigation into...

When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To 'Constructive Desertion': Kerala High Court

The Kerala High Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without any reasonable cause, failing to resume cohabitation, it would amount to "constructive desertion". While allowing an application for dissolution of marriage, a division bench of Justices A. Muhamed Mustaque and Kauser Edappagath drew from...

Madras High Court Directs State Govt To Vaccinate All Transgender Persons Within 3 Months

The Madras High Court on Monday directed the Tamil Nadu government to ensure that all transgender persons in the State are vaccinated within a period of 3 months. The Court was adjudicating upon a public interest litigation (PIL) filed by transgender rights activist Grace Banu Ganeshan seeking the extension of cash benefits as well as conducting special vaccination drives for transgender...

Mere Harassment Will Not Amount To Abetment Of Suicide U/s 306 IPC, Reiterates Supreme Court

Mere harassment would not amount to an offence of abetment of suicide under Section 306 of the Indian Penal Code, the Supreme Court reiterated.The bench of Justices L. Nagaswera Rao and Aniruddha Bose observed that, in order to bring a case within Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission...

Supreme Court To Consider Urgent Listing Of Plea For Contempt Against PM, HM Over Rakesh Asthana's Appointment As Delhi Police Commissioner

A petition seeking to initiate contempt of court action against Prime Minister Narendra Modi and Union Home Minister Amit Shah over the decision to appoint Rakesh Asthana as the Delhi Police Commissioner was mentioned before the Supreme Court today.Advocate ML Sharma, who has filed the contempt petition, mentioned the matter before the Chief Justice of India for urgent listing on Monday,...

UAPA - Extension Of Detention Under Section 43D(2) Not Vitiated For Not Serving Prosecutor's Report On Accused : Bombay High Court

The Bombay High Court has held that when seeking extension of detention under Section 43(D) of the UAPA, the fulfilment of the mandatory requirements is required in substance and not strictly in form. Justice Manish Pitale noted that substance would take precedence over form while deciding whether the mandatory requirements under the said provisions have been satisfied.The applicant-accused...

"Justify Dr. Kafeel Khan's Over 4-Yr Suspension": Allahabad High Court Seeks Uttar Pradesh Govt's Response

The Allahabad High Court has sought the response of the Uttar Pradesh Government regarding the reason behind the continuing suspension of Doctor Kafeel Khan for over 4 years.The Bench of Justice Yashwant Verma observed that the State of Uttar Pradesh is obliged to justify the continuance of the order of suspension which has continued for more than 4 years.The matter in briefDr. Kafeel Khan...

Dogs Are Not Ferocious By Nature, They Are Made So By Circumstances: Kerala High Court Remarks While Directing Action To Rehabilitate Community Dogs

The Kerala High Court on Monday while hearing a matter of stray dogs being poisoned to death in Thrikkakara Municipality of the State, remarked that dogs are not dangerous by nature and that they are made so by circumstances. A Division Bench of Justice AK Jayakrishnan Nambiar and Justice P Gopinath responded so when the counsel for the Municipality submitted that it has been receiving...

Entity Which Misuses Status Under Section 12AA Income Tax Act Not Entitled To Retain It: Supreme Court Upholds Cancellation Of Trust Registration

An entity which is misusing the status conferred upon it by Section 12AA of the Income Tax Act is not entitled to retain and enjoy said status, the Supreme Court observed while upholding the cancellation of a registration of Trust. Section 12AA of the Income Tax Act deals with the procedure for the registration of a charitable trust, which is entitled to tax benefits.In this case, Commissioner...

Delhi High Court Allows Medical Termination Of Pregnancy Of 22 Weeks Old Foetus Suffering From Multiple Abnormalities

The Delhi High Court on Monday allowed the medical termination of pregnancy of a woman who had completed 22 weeks of gestation period on account of suffering from multiple abnormalities.A single judge bench comprising of Justice Rekha Palli perused the report of the 9 member expert medical board constituted by AIIMS to ascertain the feasibility of the woman undergoing medical termination...

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. Later, the judge recalled these...