Victim's Expression "Came On Top Of Me" Must Be Construed As 'Penetrative Sexual Assault' Under POCSO Act: Meghalaya High Court

The Meghalaya High Court has recently held that the expression "came on top of me" must be construed as a euphemism for commission of 'penetrative sexual assault'. A Division Bench Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed, "The later statement of the victim recorded in course of her deposition at the trial must be seen in the milieu of how a woman in this...

Show-Cause Notice And The Final Order By Public Authority Having Different Reasons Is Grave Illegality: Andhra Pradesh High Court

In a recent case, Justice Satyanarayana Murthy of Andhra Pradesh High Court, passed a detailed order stating that show-cause notice and the final order cannot have different reasons or grounds as it denies the noticee the opportunity to rebut the allegations. Facts of the case The facts of the case are that the petitioner was serving in the Indian Army since 2005 as soldier....

Non-Availability Of Form GST ITC-02A On GSTN Portal: Rajasthan High Court Allows ITC In GSTR-3B

The Rajasthan High Court bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani has allowed the Input Tax Credit (ITC) under GST in GSTR-3B Return as FORM GST ITC-02A was not available on the GSTN Portal at the time of its insertion. The petitioner, a registered dealer under the GST regime, with two industrial units registered in Udaipur. The Union of India prescribed Form...

"Direct Attack On Democracy": AAP MLA Moves Delhi High Court Seeking SIT Probe Into Vandalization At CM Arvind Kejriwal's Residence

Aam Aadmi Party MLA Saurabh Bhardwaj has approached the Delhi High Court seeking an SIT investigation into the incident of attack and vandalization of official residence of Chief Minister Arvind Kejriwal yesterday, alleging it to be done by "goons of the Bhartiya Janata Party" under the garb of protest. Calling it a direct attack on democracy, the petition moved through Advocate Bharat...

Permanent Injunction Sought For Against A Particular Person Must Confine To That Person: Madras High Court

The Madras High Court has disposed off a second appeal without interference with the findings of the courts below. The court also found that the cause of action ceases to exist and no substantial question of law was involved. Justice N Anand Venkatesh of Madras High Court was hearing a second appeal filed by one A.Ganesh against the order the judgment and decree of Subordinate...

11-Yr Old Raped In WB's Basirhat: Calcutta High Court Calls For Case Diary, Seeks Medical Report

The Calcutta High Court on Thursday directed the State government to submit the case diary along with a status report pertaining to the investigation into the gruesome incident of rape of a minor 11 year old girl at Matia in North 24-Parganas' Basirhat on the next date of hearing that is to take place on April 4. The Court further ordered that a report should also be submitted informing the...

Rana Ayyub Challenges Travel Restrictions By ED, Moves Delhi High Court

Journalist Rana Ayyub has approached the Delhi High Court, challenging Enforcement Directorate's action of restraining her from leaving the country.The matter was mentioned today before the Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla. Ayyub's counsel had prayed for an early listing, stating that she is due to travel to London and Italy, owing to her prior commitments....

Uttarakhand High Court Seeks Reply Of Principal Of Haldwani Medical College On The Ragging Incident

The Uttarakhand High Court on Wednesday sought a reply from the principal of the Haldwani Medical College over the recent ragging incident which took within the campus premises earlier this month. The Court has sought a reply by April 20, which is also the next date of hearing in the matter. It may be noted that the Uttarakhand High Court has already formed a committee to inspect the...

UAPA Tribunal Confirms Centre's Move To Ban Zakir Naik's 'Islamic Research Foundation' (IRF) Being An 'Unlawful Association'

A one-member tribunal consisting of Justice (Retd) DN Patel has CONFIRMED the decision of the Central government to ban and declare Zakir Naik's Islamic Research Foundation as an 'Unlawful Association'. The Ministry of Home Affairs notified the order of the Tribunal on Wednesday (March 30).It may be noted that the Central Government had constituted this tribunal consisting of the then Delhi...

Compassionate Appointment Exception To Rule Of Selection Procedure: Bombay High Court Grants Relief To Widow

The Bombay High Court recently came to the rescue of a widow, who was denied compassionate appointment in place of her deceased husband who was working as a Peon in an educational premises.She was denied the benefit vide an order passed by the Education Department stating that the proposal seeking sanction to the new staffing pattern is pending with the Government and as yet no sanction...

'With Immense Power Comes Burden Of Responsibility': Kerala High Court Asks Media To Refrain From Publishing Unverified/False Information

The Kerala High Court on Wednesday commented on the role of the media in the functioning of a democracy, and its responsibility to provide accurate information to its citizens while disposing of a suo motu case.A Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar observed that both given their influence in a vibrant democracy, electronic and print media should refrain...

No Call To Have Expert Witness To Testify To Use Of Identical Mark In Registered Trademark Infringement Or Passing Off Cases: Delhi High Court

The Delhi High Court has observed that in a case of infringement of registered Trade Marks or passing off, similarity of the marks used is to be considered and that there is no call to have an expert witness to testify to the use of an identical or similar Trade Mark. Justice Asha Menon added that the emphasis is on the branding and not on the manufacture of the goods in question. It is the...