News Updates
[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences (POCSO), Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to five...
Chhattisgarh HC Expunges Trial Court's 'Adverse' Remark Made Against Probe Officer Sans Affording Her An Opportunity Of Hearing
The Chhattisgarh High Court recently expunged an 'adverse' remark made by the trial court against an investigating officer over a discrepancy in the probe without affording an opportunity of hearing to her, pursuant to which, a departmental enquiry was initiated against her.The bench of Justice Sanjay K. Agrawal and Justice Rakesh Mohan Pandey stressed a judge has a duty to not make unmerited...
Employee Facing Departmental Action Allowed To Engage Advocate For His Defence If Inquiry Officer Is A Legal Expert: Gujarat High Court
In the context of departmental proceedings, the Gujarat High Court has held that a delinquent employee is entitled to engage a counsel for his defence where the inquiry officer himself is a legal expert.Allowing the plea made by one such employee, Justice A.S. Supehia observed,"In the present case, since the Inquiry Officer himself is a City Civil Judge and expert in the legal proceedings,...
‘Has Adverse Impact On Victim’s Psyche’: Delhi High Court Issues Guidelines On Presence Of POCSO Victims During Bail Hearings
The Delhi High Court has issued a slew of directions regarding the presence of POCSO victims during bail hearings, observing that the same has an adverse impact on the psyche of the victim. Justice Jasmeet Singh directed that the victim can be produced virtually before the court, either by the IO or a support person, by way of Video Conferencing or by taking assistance of the District...
Not Allowing Student To Take Board Exams On Ground Of Non Payment Of Fees Violative Of Article 21: Delhi High Court
The Delhi High Court has observed that barring a student from taking examinations on the ground of non-payment of fees would be infringement of rights of a child as guaranteed under Article 21 of the Constitution of India. Justice Mini Pushkarna observed that a child’s future cannot be allowed to be spoiled and blemished by barring him or her from taking examinations, especially at a...
Journalists Not Exempted From Disclosing Their Sources To Investigating Agencies: Delhi Court
A Delhi Court has observed that there is no statutory exemption to journalists from disclosing their sources to investigating agencies, specially where such disclosure is necessary for aiding and assisting in investigation of a criminal case. Chief Metropolitan Magistrate Anjani Mahajan of Rouse Avenue Courts observed so while rejecting a closure report file by Central Bureau of...
COVID-19 Pandemic: Madras High Court Directs Centre To Permit UK National To Exit India Without Payment Of Penalty For Overstay
The Madras High Court has directed the Centre to allow a UK national to return to his country without payment of any penalty for the overstay. The man was stranded in India due to the COVID-19 pandemic.The court took note of a submission that Ministry of Home Affairs has clarified that the foreign nationals who got stranded in India on account of Covid-19 Pandemic, may apply for an exit...
No Intention To Commit Murder: Madras High Court Reduces Life Sentence Of Woman Who Set Minor Daughter On Fire
The Madras High Court has recently set aside the life imprisonment imposed on a mother for setting her minor daughter on fire and thereby causing her death. Altering the charge from that under Section 302 to one under Section 304 of IPC, Justice PN Prakash (since retired) and Justice G Jayachandran noted that the primary question was whether the appellant mother had intended to commit the...
Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran’s Birth Anniversary, Permits Speeches Eulogising LTTE Leader
The Madras High Court has allowed a petition filed by director Pugazendhi Thangaraj and relaxed the conditions imposed on celebrating the birth anniversary of late LTTE Leader Prabhakaran.Though the court relaxed the conditions imposed by the police, Justice G Chandrasekharan stressed that the event should not affect the sovereignty of the nation or its friendly relations with other...
Award Of Costs By Arbitrator, Not Containing Quantification And Reasons, Is Arbitrary: Delhi High Court
The Delhi High Court has ruled that the mandate contained in Section 31(3) of the Arbitration and Conciliation Act, 1996 (A&C Act), as per which an arbitral award shall state the reasons on which it is based, must pervade every aspect of the award, including the award of costs. “Awarding costs by a stroke of the pen, without stating reasons therefor, would fly in the face...
Need To Streamline Working Conditions Of Delhi Police Constables: High Court, Senior Advocate Siddharth Aggarwal Appointed As Amicus Curiae
The Delhi High Court has appointed Senior Advocate Siddharth Aggarwal as amicus curiae in a case highlighting the issues faced by the Constables (Executive) of the Delhi Police who are supposed to work long hours in a day as part of their normal policing and other duties. A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan said some deeper examination is required to...
No Appeal Maintainable Under Order XLIII Rule 1 CPC Against Order Refusing Application For Rejection Of Plaint: Delhi High Court
The Delhi High Court has ruled that no appeal is maintainable under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) against the order of refusal of an application filed under Order VII Rule 11 seeking rejection of the plaint. While holding that an appeal can be filed only against the orders passed by a Court which are specifically provided under Order XLIII Rule 1,...