Benefit Of Any Doubt In Age Of Victim To Go To The Accused, Holds Delhi HC [Read Judgment]

The Delhi High Court recently asserted that the benefit of any doubt in the age of the victim needs to go to the accused.Justice Sanjeev Sachdeva explained that to this end, the age of the victim in such cases would have to be taken to be the higher of the range as determined by the medical examination, while keeping in view the margin of error of 1 to 2 years.The court was hearing a...

NGT-Appointed Panel Says TN Govt’s Order Closing Down Sterlite Copper Unit Not Sustainable, Grounds Don’t Justify Permanent Closure [Read Order]

In a major development, the three-member committee told the National Green Tribunal on Wednesday that the order of the Tamil Nadu government closing down the Sterlite copper unit in Thoothukudi was not sustainable and the ground mentioned in it was “not that grievous to justify permanent closure of the factory”.The report of the three-member committee was received by the bench headed...

Pollution Due To Absence Of Policy For Scraping Old Vehicles, NGT Orders Scraping Policy, Shifting Out Of Scrap Markets [Read Order]

As the busy and congested scrap markets in Delhi continue to lead to massive air pollution due to toxic fumes from open-air dismantling and severe traffic congestion, the National Green Tribunal has directed constitution of a joint committee to prepare a ‘ scraping policy ’ and also an action plan for shifting out the scrap markets from busy areas to other locations within three...

1984 Anti-Sikh Riots: Re-examine Evidence On 22 Unexamined Homicidal Deaths: Delhi HC Directs Delhi Police [Read Judgment]

The Delhi High Court, on Wednesday, upheld the jail terms of more than 80 people for their involvement in the 1984 anti-Sikh riots.Justice Gauba, however, noted that there were reasons to believe that certain part of the facts noted or gathered by the investigating agency in the wake of the FIR filed in the case “may have remained uncovered”.This was in view of the fact that the...

Kerala HC Quashes Appointments Of Four Assistant Professors By Aligarh Muslim University For Violating UGC Norms [Read Judgment]

The High Court of Kerala has set aside the appointments of four assistant professors in Aligarh Muslim University at Malappuram centre. The Court found that the appointment was not done following the procedure in 'UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in...

3 Bombay HC Judges Recuse From Hearing Advocate Uke's Petition Alleging Judge Loya Was Poisoned

Three judges of the Nagpur bench of the Bombay High Court—Justice SB Shukre, Justice SM Modak and Justice Swapna Joshi—have recused themselves from hearing Advocate Satish Uke’s petition alleging that Judge BH Loya, presiding over the Sohrabuddin trial, was poisoned with a radioactive isotope.As reported earlier, when Uke’s petition came up before the division bench of Justices...

Time Ripe For Using Press Reports/Photos/Videos As Evidence In Communal Riot Cases: Delhi HC Suggests Reforms [Read Judgment]

The Delhi High Court, on Wednesday, upheld the jail terms of more than 80 people for their involvement in the 1984 anti-Sikh riots.While handing down the verdict, Justice RK Gauba lamented the delay witnessed in the case, noting that 34 years have passed since the incident, and 22 years have elapsed since the trial court verdict.“Is this what we call a potent and effective criminal...

Delhi HC allows CBI Director Alok Verma, JD A K Sharma to inspect Rakesh Asthana's case file in CVC office

The Delhi High Court on Wednesday allowed CBI Director Alok Kumar Verma and Joint Director A K Sharma to inspect in the CVC's office the case file relating to FIR against the agency's Special Director Rakesh Asthana.Justice Najmi Waziri also extended till December 7 its order directing the CBI to maintain status quo regarding proceedings against Asthana, who has sought quashing of the FIR...

Development Activities In Industrial Areas Also Fall Within The Scope Of Karnataka Town And Country Planning Act: SC [Read Judgment]

‘The first respondent while obtaining the approval from the appellant-Authority for its plan is bound to pay the betterment charges, road cess and other charges as per the laws.’The Supreme Court on Tuesday held that the development activities, including the industrial areas fall within the scope of the authority under the Karnataka Town and Country Planning (KTCP) Act and the...

Teachers Shouldn’t Be Considered As Beggars, They Are One Of The Most Respected Citizens Of The Country & The Backbone Of The Society: Meghalaya HC Tells Govt [Read Judgment]

“We must remember that teachers are the backbone of the society and it is through their contribution, dedication and hard work which has moulded us to become what we are today; be it a Judge, a Minister, a Lawyer, a Doctor or an IAS Officer etc., and that, we can never forget”In a huge relief to many teachers in the state, the Meghalaya High Court has held that both government school...

Revision Petition Against Appeal In Enforcement Proceedings In Consumer Complaint Not Maintainable: Delhi HC [Read Judgment]

The Delhi High Court has ruled that a revision petition is not maintainable against an appeal in enforcement proceedings in a consumer dispute.Justice Vibhu Bakhru opined, “This Court is also of the view that as nature of enforcement proceedings is materially different from the proceedings for adjudication of the dispute. Any orders passed for enforcement of orders passed by the...

Amended Definition Of Rape Not Applicable To Acts Committed Prior To Feb 2013, Says Bombay HC; Alters Rape Conviction To “Attempt To Rape”

The Bombay High Court recently held that the amended definition of rape under the Criminal Law (Amendment) Act, 2013, cannot be made applicable retrospectively and changed the conviction of an accused from rape to attempt to rape.The accused was convicted under Section 376 (2)(f) of the Indian Penal Code, the sentence was changed to Section 511 read with 376(2)(f) of IPC. Justice AM Badar...