'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother

Madras High Court has recently set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the adoptive mother and the biological mother. The court observed that the girl child can't be branded as one 'in need of care and protection', especially when 'two mothers are fighting with each other to give her care...

High Courts Weekly Roundup [November 22, 2021 To November 28, 2021]

Allahabad High Court1. Oral Sex With 10-Yr-Old Boy Not An 'Aggravated Sexual Assault' But 'Penetrative Sexual Assault' Under POCSO Act: Allahabad High Court [Sonu Kushwaha v. State of Uttar Pradesh] While dealing with the appeal of a POCSO Convict, accused of committing oral sex with a 10-year-old boy, the High Court observed that putting the penis into the mouth does not fall in...

Sentence Of Fine U/S 138 NI Act Must Be Sufficient To Adequately Compensate Complainant: J&K&L HC Specifies Guiding Factors For Courts

In a significant Judgment, the Jammu & Kashmir And Ladakh High Court recently issued certain guiding factors for Magistrates to consider when they pass conviction orders under Section 138 of the Negotiable Instruments Act.The Judgment by the Bench of Justice Sanjeev Kumar stresses that the sentence of fine, whenever imposed by the Criminal Court, upon conviction of accused under Section...

Educational Institution Not An 'Establishment' Under 'Telangana Shops And Establishments Act': Telangana High Court

The Telangana High Court recently held that an educational institution is not covered within the meaning and definition of 'establishment' as defined under Section 2(10) of the Telangana Shops and Establishments Act, 1988.The Bench of Chief Justice Satish Chandra Sharma and Justice B. Vijaysen Reddy took into account the Apex Court and Kerala High Court rulings to arrive at this...

Gangster Vikas Dubey's Wife Moves Supreme Court Against Allahabad HC's Order Refusing To Quash Cheating Case Against Her

The wife of slain gangster Vikas Dubey (of Bikru, Kanpur), Richa Dubey has moved the Supreme Court challenging Allahabad High Court's order refusing to quash entire criminal proceedings in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.The matter/SLP is likely to be heard tomorrow by the Bench of Justice Sanjiv...

"Such Offence Demolishes Social Fabric": Allahabad High Court Denies Bail To Man Convicted Of Raping Cousin

The Allahabad High Court recently denied bail to a man convicted of committing rape on his cousin sister (as a result of which she became pregnant and gave birth to a male child) while noting that such offence demolishes social fabric.The Bench of Justice Anil Kumar Ojha took into account the admitted position of the case that appellant (bail applicant) and rape victim are siblings...

High Court Seeks Delhi Govt's Response On Functioning Of Committee Set Up For Implementing Directions For Execution Of Recovery Certificates

The Delhi High Court has sought the response of Delhi Government on the functioning of a committee set up for implementing the directions issued for execution of recovery certificates. The development came after the Court in June this year issued slew of directions to be followed by SDM/Recovery Officer/Appropriate Authority for execution of the Recovery Certificates. The Court had...

[49 Criminal Cases 'Wrongly' Imposed On A Man In 23 Yrs] "Not Expected From UP Police": Allahabad HC Summons DGP

The Allahabad High Court recently took note of a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years and directed for the presence of the Director-General of Police, Uttar Pradesh before the Court.Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh further noted that such callous action...

'Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent': Karnataka High Court Grants Bail To Rape Accused

Whether victim had given consent under threat is a matter of trial, the Court said.

Frivolous Litigation Not Only Clogs Arteries Of Justice Delivery System But Also Deprives Genuine Litigants Of Their Right To Speedy Trial: Delhi Court

Emphasizing on the need of imposing costs in vexatious pleas, a Delhi Court has observed that frivolous litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right to speedy trial. Additional Sessions Judge Anuj Agrawal made the observation while dismissing a revision plea and imposing a cost of Rs. 25,000 opining that the same...

Allahabad High Court Grants Bail To Sharjeel Imam In Sedition Case Filed Over His Speech At AMU

The Allahabad High Court today granted bail to Sharjeel Imam in a sedition case registered against him in Aligarh for allegedly delivering an 'anti-national speech' at AMU [Aligarh Muslim Univeristy] during Anti CAA-NRC protests.The Bench of Justice Saumitra Dayal Singh granted him bail today, however, a detailed order of the High Court in this regard is awaited.The allegations against...

Alleged Derogatory Remarks Against CM Stalin: NTK Functionary And YouTuber 'Sattai' Duraimurugan Granted Bail By Madras High Court

Yesterday, Youtuber and Naam Tamizhar Katchi (NTK) functionary Duraimurugan was granted bail by the Madras High Court in two cases pertaining to the nature of comments made against political rival and Tamil Nadu State Chief Minister, M.K Stalin. While allowing the bail application, Justice K. Murali Shankar sitting at the Madurai Bench also imposed a condition that the accused...