POCSO Act | Putting Hand On Victim's Shoulder, Pulling Her Clothes Signifies Sexual Instinct Of Accused: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that the act of the accused of pulling the clothes of the prosecutrix and putting his hand on her shoulder signifies his sexual instinct.The bench of Justice Prem Narayan Singh observed this while upholding the conviction of the appellant-accused (Nageshwar) under Section 354 of IPC and Section 7/8 of the POCSO Act.The Prosecution case was that when...

High Courts Cannot Refuse To Follow SC Judgment On Ground Of Review/Reference Pending Against It; In Case Of Conflicting Judgments, Follow Earlier One : Supreme Court

The Supreme Court has clarified that the High Courts cannot refuse to follow its binding judgment on the ground that a reference has been made against it to the larger bench or a review is pending against it.It observed, “We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to...

'Where Is The Prohibition?': Karnataka High Court Dismisses Plea Against Appointment Of Political Secretaries, Media Advisor To CM Siddaramiah

The Karnataka High Court today dismissed a Public Interest Litigation challenging the appointment of Political Secretaries and Media Advisor to Chief Minister Siddaramiah. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Advocate Umapathi S and said, “For reasons to be recorded separately, the petition is dismissed.”...

Joshimath Crisis: ‘State Is Not Serious About Unearthing Real Cause Of Sinking Land’, Uttarakhand High Court Directs Presence Of Chief Secretary

The Uttarakhand High Court has pulled up the state authorities for not associating independent experts for studying the landslides and subsidence in Joshimath area of Uttarakhand.While noting that in the previous hearing it was directed to involve an expert from the fields including of Hydrology, Geology, Disaster Management and landslides to conduct the study in the Joshimath area, the bench...

Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence :SC

The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence."It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court...

Provide Basic Facilities To Pilgrims At Maa Chhinnamastike Temple: Jharkhand High Court Issues Directions To District Admin

In a noteworthy decision, the Jharkhand High Court has issued a set of directives aimed at enhancing the facilities for pilgrims visiting the revered Maa Chhinnamastike Temple in Rajrappa, Jharkhand. The court's decision follows a Public Interest Litigation (PIL) filed by a devoted petitioner who sought improvements in the temple's amenities. The division bench of Chief Justice Sanjaya...

No Habeas Corpus Against Order Of Judicial Remand Unless Ex-Facie Defective Or Illegal: Allahabad HC Imposes ₹50K Cost

While dismissing a habeas corpus petition, the Allahabad High Court imposed a cost of Rs. 50,000 as it noted that the petitioner had not challenged the remand order and concealed material facts regarding the rejection of bail by the Court below. A bench comprising Justices Rahul Chaturvedi and Mohd. Azhar Husain Idrisi observed that the object of the writ of habeas corpus is to secure the...

Accounts Office Can't Overturn Pension Claim When There Is Positive Declaration By Authorities: AFT Grants Relief To Widow 24 Yrs After Pilot's Death

The Chandigarh Bench of Armed Forces Tribunal recently granted 'Liberalized Family Pension' to the wife of a deceased Air Force Pilot whose helicopter crashed due to the treacherous weather conditions while undertaking life saving missions in 1999 in Himachal Pradesh."It is settled law that when there is a positive declaration in favour of the claimant by the concerned authority, it cannot...

Sessions Court Sets Aside Conviction Of Chartered Accountant In 38 Years Old Case Over Smuggling Of Foreign Currency Worth ₹46 Lakh

A sessions court in Mumbai recently set aside the conviction of a chartered accountant from Ahmedabad in a 38-year-old case for allegedly attempting to smuggle US dollars’ worth Rs. 46 lakhs.Additional Sessions Judge Dr AA Joglekar set aside Ashutosh Nanavaty’s conviction ordered by the Metropolitan Magistrates Court in 2014. He was sentenced to six years imprisonment and fined Rs. 2.5...

Online Rummy : Supreme Court Stays Karnataka HC Judgment Which Held That Online Rummy Games Aren't Taxable As ‘Betting’ And ‘Gambling'

The Supreme Court, on Wednesday, stayed for three weeks the judgment of the Karnataka High Court which had quashed the GST Intimation Notice to the tune of Rs 21,000 crore and had held that online/electronic/digital Rummy games and other Online/Electronic/Digital games played on Gameskraft’s platforms are not taxable as "betting" and "gambling". A bench comprising CJI DY Chandrachud, Justice...

Delhi Riots: Court Pulls Up Prosecutor For Showing Aggression And Throwing Files, Refers Matter To Commissioner Of Police

A Delhi Court on Wednesday pulled up a special public prosecutor representing the Delhi Police in a case relating to the 2020 North-East Delhi riots for “showing aggression and throwing files” in the court. Additional Sessions Judge Pulastya Pramachala referred the matter to the Commissioner of Delhi Police Sanjay Arora to take stock of the situation, observing that “it is after all...

Manipur Govt Opposes Meitei Christian Group's Plea In Supreme Court As 'Selective'; 'Whataboutery', Lawyer Responds

On Wednesday, Senior Advocate Huzefa Ahmadi, appearing for the Meitei Christian Churches Council, Manipur (MCCCM) in a petition concerning destruction of churches in Manipur, raised objection to a paragraph in the affidavit filed by Chief Secretary of Manipur in the matter. Ahmadi was appearing before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra...