Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused

Observing that kissing and touching private parts are prima facie not unnatural offences under Section 377 of the Indian Penal Code, the Bombay High Court granted bail to a man accused of a minor boy's sexual assault. The man had sought bail under section 439 of the CrPC. According to the FIR, the accused had touched the private parts of the victim and had kissed his lips. He was...

"State Obligated To Preserve Practices Of All Religions": Madras High Court Holds Emergent Sitting On Sunday Via Whatsapp To Allow Car Festival

The Madras High Court has reiterated that the State has an obligation to provide basic amenities to the pilgrims whenever there is a large gathering of persons during festival times. Following the decision of the Supreme Court in Sarika v. Shri Mahakaleshwar Mandir Committee (2018) the court held that it is the bounded duty of the government to make proper arrangements and to sanction...

Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents

The Delhi High Court has issued practice directions to the effect that in cases involving more than one respondents, if any counter affidavit is sought to be filed by any of them, the same shall not be taken on record till copies thereof are served not only on the counsel for the petitioner but also on the counsel appearing for all the other respondents.The practice directions have been issued...

Rajasthan High Court Weekly Roundup: May 9 To May 15, 2022

Nominal IndexRaju Singh v. Twinkle Kanwar 2022 LiveLaw (Raj) 160Adarsh Shiksha Parishad Samiti & Anr v. Gajanand Sharma & Ors. with other connected matter 2022 LiveLaw (Raj) 161State Of Rajasthan & Anr. v. M/s. Godhara Construction Company 2022 LiveLaw (Raj) 162Mumtaz Mohd. V District Collector Pali and ors 2022 LiveLaw (Raj) 163Judgments/ Orders of the Week 1....

Trial Court Must Not Be Overtly Possessed By Nature Of Offence: Jharkhand HC Sets Aside Conviction & Capital Punishment Of Rape & Murder Accused

Setting aside an award for capital punishment for the double offence of Rape and Murder punishable under Section 376 and 302 of the Indian Penal Code, the Jharkhand High Court sharply remarked that trial courts must not be swayed by the nature of offence and must properly sift through the evidence before arriving at any conclusion.Stating that in the instant case the trial court had convicted...

Child In Conflict With Law Gets Bail After 3 Yrs Custody; Orissa High Court Raps Police For 'Lackadaisical Attitude'

The Orissa High Court granted bail to a child in conflict with law on Thursday after she remained in custody for over 'three years'. A Single Judge Bench of Justice V. Narasingh came down heavily on the police for its apathetic approach and observed, "Proceedings of the High Court cannot be held hostage to the whims of the investigating agency and for their lackadaisical attitude,...

'Litigation Dragged To Court, Reflects Sorry State Of Affairs': Jharkhand High Court On Govt Dept's Failure To Satisfy Compensation Award

The Jharkhand High Court recently expressed regret over a government department's failure to satisfy the compensation awarded to the kin of a motor accident victim, following her demise due to a mishap caused by the department's vehicle.Referring to State's Public Health Engineering Department (Dumka), Justice Gautam Kumar Choudhary remarked,"The instant appeal reflects a sorry state of...

Bombay High Court Weekly Round-Up: May 9 To May 15, 2022

Nominal Index The State of Maharashtra Vs Guddu Krish Yadav, 2022 LiveLaw (Bom) 181 Ansari Mohammed Zaki vs The State of Maharashtra 2022 LiveLaw (Bom) 182 Adani Electricity Mumbai Ltd. vs The Chief Conciliator, under Maharashtra Industrial Relations Act, 1946 and Ors., 2022 LiveLaw (Bom) 183 Sandeep Dwellers Private Limited Vs The State of Maharashtra & ors, 2022...

Commission Paid To Persons Who Are Not Beneficial To Business Of Assessee Is Taxable : Orissa High Court

The Orissa High Court has dismissed a challenge against an order of the Income Tax Appellate Tribunal, Cuttack (ITAT) which disallowed commission expenses as claimed by the appellant. It held that the appellant was not able to prove the expertise of persons to help him in business to whom the said commission was paid. Denying the arguments of the appellant, a Division Bench of...

Arbitration Cases Weekly Round-Up: 8th May to 14th May, 2022

Supreme Court High Court Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11(6) Of Arbitration Act : Supreme Court Case Title: Swadesh Kumar Agarwal versus Dinesh Kumar Agarwal Case Citation: 2022 LiveLaw (SC) 454 The Supreme Court has observed that a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in...

Gujarat High Court Weekly Round Up: May 9 To May 15, 2022

NOMINAL INDEX Bajaj Finance Ltd. Through Authorised Officer, Aniket Pareshbhai Desai versus Ld. District Collector, Navsari & 1 other(s) Citation: 2022 LiveLaw (Guj) 154 Vijay Arvind Jariwala Versus Umang Jatin Gandhi Citation: 2022 LiveLaw (Guj) 155 Godrej Agrovet Limited & 1 Other(S) Versus State Of Gujarat & 1 Other(S) 2022 LiveLaw (Guj) 156 Parekh...

Tax Cases Weekly Round-Up: 8 May To 14 May, 2022

Delhi High Court Bail Amount Can Be Paid By Cash Ledger, Debit Ledger Of ITC:Delhi High Court Refuses To Cancel Bail Of A Person Accused of FraudulentlyAvailing ITC Case Title: Amit Gupta Vs Directorate General of GST Intelligence Headquarters Citation: 2022 LiveLaw (Del) 426 The Delhi High Court bench of Justice Mukta Gupta has ruled that the bail amount can be paid by...