Section 377 IPC Attracted Even When Penetration With Sexual Intent Happens On Any Part Of Body Other Than Vagina: P&H High Court

In a significant observation and widening the scope of Section 377 of IPC (Unnatural offences), the Punjab and Haryana High Court has held that this offence is attracted even in a situation where the penetration happens to be on any other part of the body of a victim (other than Vagina) with sexual intent.The Bench of Justice Vinod S. Bhardwaj further observed that Section 377 is to be...

Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court

The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation. In the present matter, serious allegations were made by the petitioners with respect to mis-management of the respondent No. 2, Arth Credit...

No Complaint Reported Against Any Police Officer Of Treating A Juvenile As An Adult During July To December, 2021: Delhi High Court Told

The Delhi High Court has been informed that no complaint has been reported against any police officer in the city regarding a juvenile being treated as an adult during the period of July 1 to December 31, 2021. The development came after the Court had last month directed the Secretary of Delhi State Legal Services Authority ('DSLSA') to submit a report on implementation and compliance of the...

Kerala High Court Weekly Roundup: February 28 To March 6, 2022

Citations 2022 LiveLaw (Ker) 103- 2022 LiveLaw (Ker) 113Nominal IndexState of Kerala & Nowfal, 2022 LiveLaw (Ker) 103Madhyamam Broadcasting Limited v. Union of India, 2022 LiveLaw (Ker) 104C.G. Thampi v. Jyothis & Ors, 2022 LiveLaw (Ker) 105Shiny Shukoor v. Union of India & Ors, 2022 LiveLaw (Ker) 106Dr Vijil & Ors v. Ambujakshi T.P & Anr, 2022 LiveLaw (Ker) 107M/s...

Any Remuneration Received By A Partner Of A Partnership Firm Is Not Service: CESTAT Quashes Service Tax Demand

The Bangalore Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand on the grounds that any remuneration received by a partner of a partnership firm is not a service.The two-member bench of Ashok Jindal (Judicial Member) and C. J. Mathew (Technical Member) has ruled that the partner of a partnership firm is none other than the...

Bombay High Court (Maharashtra And Goa) Weekly Roundup: February 28 To March 6, 2022

NOMINAL INDEX Shashikala Surendra Ambade & Ors. Versus The State of Maharashtra & Ors Dr Anand Teltumbde vs National Investigation Agency Pavan Morarka Versus The Assistant Commissioner of Income Tax – 2(3), Mumbai Yohan Tengra vs State of Maharashtra Larsen & Toubro Limited Versus Girish Dave, Director of Income-tax (International Taxation) HDFC Bank...

'Sufficient Material Shown To Convict Appellant': Madhya Pradesh High Court Denies Bail To Man Convicted For Offences Under UAPA And Explosives Act

The High Court of Madhya Pradesh recently denied bail to the Appellant convicted for offences punishable under the Unlawful Activities (Prevention) Act, 1967 and the Explosive Substances Act, 1908, observing that the contentions put forth by the Appellant would have to be considered at the later stage of final hearing. The division bench of Chief Justice Ravi Malimath and...

Discretion Of Any Authority Cannot Be An Arbitrary Or Unregulated; To Be Exercised Fairly: Bombay High Court

The Bombay High Court recently considered the workings of the doctrine of pleasure, whereby authorities have a right to act as per their discretion. A bench of Justices S.V. Gangapurwala and S.G. Dige regarded that the doctrine of pleasure does not unable an authority to be arbitrary. The petitioner is appointed as a Part Time Chairman of Aurangabad Housing and...

Delhi High Court Defers DHJS Examination, 2022; Grants Interim Relief In Plea Challenging Minimum Age Criteria 

Granting interim relief in a petition challenging the minimum age limit of 35 years for appearing in the Delhi Higher Judicial Services Exam (DHJS), 2022, the High Court on Friday deferred the said examination which was scheduled for 20th March by four weeks. A division bench headed by Justice Manmohan sought response of the High Court through its Registrar and Department of Law and Justice...

Town Planning Scheme Already Sanctioned For Public Purposes: Gujarat High Court Refuses To Quash The Scheme And Grant Compensation To Appellants

The Gujarat High Court has recently upheld, "with regard to the legality and effect of sanctioned Town Planning Scheme under the Bombay Town Planning Act as well as Gujarat Town Planning Act and this Court as well as Supreme Court has time and again held that once the Draft Scheme is sanctioned by the State Government it partakes the character of statute." Consequently, Justice AJ Desai...

Allahabad High Court Seeks UP Govt's Reply On PIL Filed Over 'Poor Upkeep' Of Sandi Bird Sanctuary

The Allahabad High Court has sought the Uttar Pradesh Government's response on a Public Interest Litigation (PIL) plea expresing concern about the poor upkeep of a wild life sanctuary known as 'Sandi Bird Sanctuary', situated in Hardoi district.The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan issued this order on a PIL plea moved by Inner Wheel Club D.O.D...

Allahabad HC Imposes ₹20K Cost On Dowry-Death Accused Who Approached Court With 'Unclean Hands' By Filing Successive Pleas

The Allahabad High Court recently imposed ₹20,000 Cost on a Dowry Death Accused after noting that she misused the process of law by filing successive applications before the Court suppressing the material facts and documents and had misled the Court.The Bench of Justice Sanjay Kumar Singh further stressed that honesty, fairness, purity of mind should be of the highest order to approach...