Sexual Offences Against Children Involve Moral Turpitude And Delinquency: Bombay HC Rejects Accused’s Application For Probation [Read Judgment]

The Bombay High Court has rejected an application filed by an accused under Section 354 A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act.The accused had filed an application before the Special POCSO Court to call for report of probation officer of the accused under Section 4(1)(2) of the Probation of Offender’s Act, 1958. The...

Dishonesty Is The Only Policy: U’khand HC Shoots Down Govt’s Circular To Freehold Encroached Nazul Land

Imposes cost of Rs 5L on state; to go into corpus for setting up NLU in stateThe Uttarakhand High Court recently slammed the state government for its decision to convert any Nazul land under encroachment or illegal occupation to freehold.So disquieted was the bench of Justice Rajiv Sharma and Justice Lok Pal Singh that it not only struck down the particular clause of the government’s...

Suit Instituted As Against Private Persons Can’t Be Dismissed For Non-Compliance Of Sec. 80 CPC Notice: Kerala HC [Read Judgment]

‘The suit instituted as against private persons cannot be dismissed under Section 80 C.P.C. even if the cause of action against such persons and the person who would come under the purview of Section 80 C.P.C. is one and the same.’The Kerala High Court in Thomas Cherian v Kurian Mathew has held that suit instituted as against private persons cannot be dismissed under Section 80 of the Code...

Child Rape Inexcusable; No Mercy Or Leniency Should Be Shown To Offender: Delhi High Court [Read Judgment]

The Delhi High Court recently upheld the conviction and sentence awarded to a child rapist, asserting that "child rape is inexcusable" and that "no leniency or mercy can be shown" to the convict.The Bench comprising Justice S.P. Garg and Justice C. Hari Shankar observed, “Ecclesiastically as well as temporally, child rape is inexcusable. No leniency, or mercy, can be shown to the...

Kerala HC Rejects Plea By Man Ordered To Stay Away From Residence On Mother’s Complaint Of Domestic Violence [Read Judgment]

The Kerala High Court recently dismissed a plea challenging constitutionality of Section 19(1)(b) of the Protection of Women from Domestic Violence Act 2005.The Section under challenge empowers the Magistrate, on being satisfied that domestic violence has taken place, to pass a residence order directing the ‘respondent’ to remove himself from the shared household.In this case, a...

Govt. Bungalows Allotted To Former CMs Should Be Vacated Within 1 Month: MP HC To State

The Madhya Pradesh High Court has directed the State Government to have the bungalows allotted to former Chief Ministers vacated within a month.The Bench comprising Chief Justice Hemant Gupta and Justice A.K. Srivastava struck down as unconstitutional Section 5(1) of the The Madhya Pradesh Mantri (Vetan Tatha Bhatta) Sanshodhan Adhiniyam, 2017. This provision allowed former Chief Ministers to...

Madras HC Grants Parole To Murder Accused To Attend Child’s Naming Ceremony [Read Order]

The Madras High Court recently granted 10 days’ parole to a murder case accused to the naming ceremony of his baby.A bench of Justice S Vimala and Justice S Ramathilagam observed that it is a natural expectation of any wife that her husband should come and see the child.The bench was considering a plea of father of the accused to release him 0n parole to attend the puniyasthanam ceremony...

16Yr Old Student Gets Prosthetic Limb ‘As A Matter Of Right’ After Delhi HC’s Order

Sixteen-year-old Ritik is ecstatic about his prosthetic right arm and gleefully responds, “Thank you”, to all the congratulatory messages.For the 12th grader and his family, it is nothing less than a special occasion to celebrate with the teenager getting a prosthetic right limb in compliance of the Delhi High Court order from last year.Delhi HC Orders Govt To Give Prosthetic Arms...

No Bar In Withdrawing Resignation Before Its ‘Effective’ Acceptance By Appropriate Authority As Per Rules: Kerala HC [Read Judgment]

The Kerala High Court has held in Shabeer Ahammed v Sivadasan VP that a government employee can withdraw the resignation tendered by him before its ‘effective’ acceptance by appropriate authorities as per concerned rules.Sivadasan was appointed as a peon in an aided school by its manager. On 17.11.2011, following initiation of disciplinary proceedings against him, he tendered resignation...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court held that it is the duty of the state to provide free medical assistance to any inmate or prisoner. A division bench of Acting Chief Justice VK Tahilramani and Justice MS Sonak disposed off the petition for parole filed by one Ajaysingh Dahiya and held that the prison authorities and the state will continue to provide necessary medicines, injection...

Magistrate Needn’t Examine ‘All’ Witnesses In Complaint Case Triable Exclusively By Court Of Session: T&AP HC

‘During trial no more witnesses would be permitted to be examined by the complainant. However, if the ends of justice require that some more witnesses have to be examined, by following the procedure under Section 311 Cr.P.C., the Court can examine any other witness, but not as witness of the complainant or prosecution rather as a court witness.’The Telangana and Andhra Pradesh High Court...

Centre Returns 2 Names For Appointment To Allahabad HC The Second Time In 2 Years

Amidst growing concerns of enhanced Government interference in the appointment of judges, the Narendra Modi government has for the second time returned for reconsideration the names of two lawyers cleared to be appointed as judges of the Allahabad High Court by the three-member Supreme Court collegium.According to a report by The Print, the files of Basharat Ali Khan and Mohammad Mansoor...