News Updates
Legality Of The Policy, Not Its Wisdom Or Soundness Is Subject Of Judicial Review U/A 226: Calcutta High Court
The Calcutta High Court on Wednesday has observed that policy decisions of the State are not to be disturbed unless they are found to be grossly arbitrary or irrational. While examining the scope of judicial review of an administrative action, Justice Shampa Sarkar observed, "The scope of judicial review when examining a policy of the government is to check whether it violates the...
Touching Minor's Hand Sans Intention To Molest Won't Amount To 'Sexual Assault': Tripura HC Acquits Man Of POCSO Charges
The Tripura High Court recently acquitted a man booked and convicted under, inter alia, Section 8 of the POCSO Act [Punishment for sexual assault] for allegedly touching a minor's hand as the Court noted that the prosecution and the victim had said nothing about the intention of the accused to molest.The Bench of Justice Arindam Lodh, which was hearing an appeal filed by the accused against...
Proviso To S.6 Guardians & Wards Act Does Not Render Father's Custody Of Minor Below 5 Yrs "Illegal": Patna High Court
The Patna High Court has held that custody of a child aged below five years with the father cannot be said to be "illegal". Justice Ashwani Kumar Singh remarked,"Proviso to clause (a) of Section 6 of the Guardians and Wards Act of 1956 though carves out an exception but it does not render the custody of a minor child aged below five years with his/her father illegal."Section 6(a) says that...
Meghalaya High Court Seeks Complete List Of Persons Who Have Died In Custody Since 2012
The Meghalaya High Court on Wednesday directed the State's Inspector General of Prisons to file an affidavit containing the complete list of persons who have died in custody since 2012.The Court issued this order while hearing a suo moto case on custodial violence and other matters relating to prison conditions. The bench of Chief Justice Sanjib Banerjee and Justice Hamarsan Singh Thangkhiew...
Citizens Don't Have Vested Right To Carry On Mining Operations, State Has Absolute Dominion To Decide Areas & Manner To Grant Permit: Rajasthan HC
The Rajasthan High Court has observed that the right to carry on mining operations is not a vested right of any citizen. The court added that the State Government has absolute dominion to decide as to the areas and manner in which the mining permits will be granted. A division bench of Justice Sandeep Mehta and Justice Farjand Ali, observed, "At the outset, we may note that the...
President Accepts Resignation Of Justice Ajay Tewari Of Punjab And Haryana High Court
The President has accepted the resignation tendered by Justice Ajay Tewari Of Punjab And Haryana High Court. The notification to the above effect, issued by the Department of Justice, Ministry of Law and Justices says:"Shri Justice Ajay Tewari has tendered his resignation from the office of Judge, Punjab and Haryana High Court, in pursuance of proviso (a) to clause (1) of Article 21 7 of...
Supreme Court Grants Bail To Accused Suffering From HIV
Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022. On March 14, 2022 the bench had directed the State to place on record the report from...
'Immaterial Whether Breasts Of 13 Yr Old Girl Were Developed Or Not': Calcutta HC Upholds Conviction For Sexual Assault U/S 7 Of POCSO Act
The Calcutta High Court has recently held that it is immaterial whether the breasts of a 13 year old girl are developed or not for the commission of the offence of sexual assault under Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) as long as it is proved that the accused had touched the specific part of the body of the girl with sexual intent. During...
Madhya Pradesh High Court Warns Lower Court Judge For Allegedly Denying Bail On Caste Lines
The Madhya Pradesh High Court recently warned an Additional Sessions Judge for allegedly showing bias by denying bail to the Applicant whose case was on a better footing than his co-accused who was granted bail despite recovery of stolen property. Taking strong exception to the conduct of the lower court judge, Justice Vivek Agarwal held- Let warning be issued to the concerned Judge...
"Security Threat": PIL In Delhi High Court Seeks Action Against Persons Fraudulently Pasting 'Judge' Sticker On Their Vehicles
A public interest litigation has been moved in the Delhi High Court seeking legal or departmental enquiry against those persons who are fraudulently using printouts with the word 'Judge' pasted on their vehicles.The plea moved by Advocate Sanser Pal Singh argues that use of such printouts and fraudulently obtained stickers is a security threat as such vehicles are not stopped for frisking...
Jurisdiction U/S 100 CPC Is So Limited That Even Wrong Or Grossly Inexcusable Finding Of Fact Cannot Be Interfered With: Bombay High Court
The Bombay High Court recently faced a challenge to a lower court order and was asked to re-appreciate the evidence. The single judge Mangesh S. Patil held that jurisdiction under Section 100 of the Code of Civil Procedure is so limited that even a wrong or grossly inexcusable finding of fact cannot be interfered with and hence refused to do so. The case arose as Eknath Genu...
"No Criminality": Supreme Court Acquits Man Who Abandoned Lady From SC/ST Community After 'Living Together"
The Supreme Court acquitted a man who had allegedly abandoned a lady belonging to SC-ST Community with whom he was living together.The court observed that no criminality could be attributed to him for merely leaving the lady.In this case, the lady alleged that she and the accused had lived as man and wife for a few years and in this relationship, she became pregnant and thereafter executed...