MINOR ACTS
Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance
Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of...
S.138 NI Act | Complainant Can Claim Benefit Of Presumptions After Proving Transaction, Execution Of Cheque In Convincing Manner: Kerala HC
The Kerala High Court has reaffirmed that the statutory presumptions available to complainants in cheque dishonour prosecutions under the Negotiable Instruments Act, 1881, can be invoked only after the complainant first establishes the underlying transaction and execution of the cheque through competent evidence.Justice A. Badharudeen delivered the judgment, while considering an appeal...
“Copy-Paste” Detention Orders Based On Authority's Dossiers Without Independent Evaluation Are Illegal: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that detention orders passed under preventive detention laws merely by reproducing allegations contained in dossiers supplied by sponsoring authorities, without independent application of mind by the detaining authority, are illegal and unconstitutional. The Court observed that detaining authorities are expected to act neutrally...
Tacit Approval Of Minor Not Consent In Law But Has Bearing On Bail: J&K&L High Court Grants Bail In POCSO Matter
The High Court of Jammu & Kashmir and Ladakh has held that although consent of a prosecutrix is legally irrelevant in offences under the Protection of Children from Sexual Offences Act, 2012, cases involving romantic relationships between young adults where there may have been “tacit approval in fact, though not consent in law” for a sexual relationship are required to be viewed with...
Putting Hand Inside Minor Girl's Pant Amounts To 'Sexual Assault' U/S 7 Of POCSO Act: Orissa High Court
The Orissa High Court has held that the act of an accused putting his hand inside the pant of a minor girl/victim, even without proof of inserting finger into her vagina, amounts to 'sexual assault' within the ambit of Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').Affirming the conviction and order of sentence recorded by the trial Court, a Single...
AP High Court Quashes Atrocity FIR, Says Private Monetary Dispute Can't Be Camouflaged As Caste‑Based Offences In Absence Of Ingredients
The Andhra Pradesh High Court has quashed criminal proceedings against a man accused of caste-based abuse under the SC/ST Act and insulting a woman's modesty, holding that the allegations did not disclose the essential ingredients of the offences alleged. The Court noted that the complaint did not allege that the purported caste-based insults were made "within public view" as required under...
'Left Free To Live As Spouses' : Supreme Court Quashes POCSO Conviction After Convict & Victim Marry
The Supreme Court recently set aside a conviction under the Protection of Children from Sexual Offences Act, 2012, after the accused and the victim arrived at a settlement by marrying each other and after the accused offered her compensation.A bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar set aside the conviction invoking its special powers under Article 142 of...
UAPA | Delhi High Court Grants Bail To Activist Khurram Parvez In Alleged Terror Funding Case
The Delhi High Court on Wednesday granted bail to Kashmiri human rights activist Khurram Parvez in an alleged terror funding case registered by the National Investigation Agency (NIA) under UAPA. A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja allowed Parvez's appeal challenging a trial court order passed on December 17, 2024, denying him bail.The Court said that...
'Preventive Detention Not Sustainable Upon Mere Suspicion': P&H High Court Quashes Detention Under PIT-NDPS Act
The Punjab and Haryana High Court has set aside a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), on several grounds including that unexplained and inordinate delay at multiple stages vitiated the detention.Justice Vinod S. Bhardwaj said, "Preventive detention would not be sustained upon a...
Cheque Bouncing | Complainant Can't Question Nexus Of Document To Transaction After Denying His Signature, Handwriting On It: Rajasthan HC
While adjudicating a cheque dishonour case, Rajasthan High Court held that once the complainant disputed his/her handwriting and signatures on a particular exhibit, such denial disentitled him/her from contending that the document had no nexus with the transaction involved.The bench of Justice Farjand Ali was hearing a petition challenging the order of the trial court that had...
Madras High Court Directs State To Pay Rs 10 Lakh Compensation To 3 Boys Sexually Assaulted By Father And Uncle
The Madras High Court recently directed the State Government to pay Rs 10 Lakh each as compensation to three minor boys who were victims of sexual assault by their father and paternal uncle. Justice AD Jagadish Chandira took note of the observations made by the Supreme Court in the case of Bhanei Prasad, where the court emphasized compensation in such exceptional circumstances where...