Can’t Assume Accused Dominated Victim To Sexually Exploit Her Merely Because She Belongs To ST Community: Chhattisgarh High Court

The Chhattisgarh High Court has held that merely because victim belongs to Scheduled Tribes (ST) community, it cannot be assumed that accused dominated her will to sexually exploit her, an act which is punishable under Section 3(1)(xii) (as it stood before 2016 amendment) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [‘the SC & ST Act’].While setting aside...

Relationship Cannot Be Said To Have "Religious Angle" Merely Because Boy And Girl Are From Different Religions: Bombay High Court

A case will not have religious angle merely because the boy and girl in a relationship are from different religions, the Aurangabad bench of Bombay High Court held recently.A division bench of Justice Vibha Kankanwadi and Justice Abhay Waghwase granted anticipatory bail to a Muslim woman and her family accused of forcing a Hindu man to convert to Islam and held – “It appears that now...

EPF Pension : Kerala High Court Restrains EPFO From Reducing Higher Pension Received By Petitioners

The Kerala High Court on Wednesday, while considering the plea moved by persons aggrieved by the abrupt discontinuance or reduction of the pension that was being received by them, directed that the same shall not be curtailed, limited or stopped without specific orders from the Court. Justice Raja Vijayaraghavan passed the above directive in light of the fact that the matter was under the...

Judges Must Exercise Control And Caution While Passing Strictures Against Investigating Authorities: Delhi High Court

The Delhi High Court has said that judges must exercise more control and caution while passing strictures against investigating authorities and police officers on their professional capabilities since it may impair a person’s confidence and have a negative impact on work and reputation. Justice Swarana Kanta Sharma observed that a thin wall that exists between adjudicatory liberty to point...

Madras High Court Stays Single Judge Order Allowing Couple To Solemnize Marriage Virtually Under Special Marriage Act

The Madras High Court has temporarily stayed the single judge order allowing solemnization of marriage through virtual mode with the groom in the USA and the bride in India. The court had observed that the bride could affix a signature in the certificate for both herself and the groom as she had a power of attorney to that effect. The division bench of Justice D Krishnakumar and...

“Calling Assault Animalistic Would Be Injustice To Animals”: Madras High Court Reverses Acquittal In POCSO Case After 9 Years

The Madras High Court recently reversed the findings of trial court and sentenced a man to undergo rigorous imprisonment for a period of 10 years for sexually molesting an 8-year-old girl child. Finding the man guilty for the offences of aggravated penetrative sexual assault under the Prevention of Children from Sexual Offences Act (POCSO) and for rape, sexual assault and criminal...

Gauhati High Court Flays Assam Govt For Putting Child Marriage Accused In Foreigners 'Transit Camp'

The Gauhati High Court has expressed strong displeasure over Assam government's decision to convert Matia Transit Camp in Goalpara district, which houses 'foreigners', in to a prison. The move comes in light of State's crackdown on child marriages.Finding State's decision to be strange and prima facie unacceptable, a division bench comprising Chief Justice Sandeep Mehta and Justice Sumitra...

Kerala High Court Initiates Suo Motu Contempt Proceedings Against Lawyer For Alleged Misbehaviour In Court

The Kerala High Court has initiated suo motu contempt proceedings against Advocate Yeshwanth Shenoy for his alleged misbehaviour in Court. The lawyer had allegedly displayed intemperate behaviour and raised allegations against Justice Mary Joseph, while appearing in a case before her. “I will see that Your Lordship will be unseated from this post,” Advocate Shenoy had allegedly shouted...

Madras High Court Judge Personally Inspects Health Condition Of 60-Yr-Old Captive Elephant, Suggests Measures

Justice GR Swaminathan of Madras High Court recently visited a 60 year old elephant kept at the Muthumariamman Temple to appraise himself regarding the health of the elephant. The court was hearing a petition moved by an animal rights activist claiming that the elephant Lalitha was in need of medical aid. In 2020, Justice Swaminathan, while refusing to transfer ownership of the elephant...

Jayalalithaa’s Death : Madras High Court Stays Arumughaswamy Commission's Recommendations Against Former Health Minister C Vijayabhaskar

The Madras High Court has recently stayed the operation of Justice Arumughaswamy Commission of Inquiry report with respect to the remarks made against former Tamil Nadu health minister C Vijayabhaskar. Justice GR Swaminathan allowed the interim prayer in a plea moved by Vijayabhaskar challenging the recommendations of the commission and seeking to quash the report as far as...

Delhi Waqf Board Case: Court Grants Bail To AAP MLA Amanatullah Khan, 10 Others In CBI Case

A Delhi Court on Wednesday granted bail to Aam Aadmi Party MLA Amanatullah Khan and 10 others in a case registered by Central Bureau of Investigation (CBI) to probe the alleged illegal appointments in Delhi Waqf Board. Khan is also Chairman of the Waqf Board.Special Judge MK Nagpal of Rouse Avenue Courts observed that it is a fit case where bail should be granted to the accused persons...

Delhi Court Discharges AAP MLA Amanatullah Khan In FIR Related To Kalindi Kunj Demolition Drive

A Delhi Court on Wednesday discharged Aam Aadmi Party MLA Amanatullah Khan in a case registered by Delhi Police related to the alleged rioting and stone pelting on police personnel in May last year during demolition drive being carried out by South Delhi Municipal Corporation (SDMC).Special Judge Vikas Dhull of Rouse Avenue Courts set aside an order passed by ACMM directing framing of...