In Absence Of Any Resistance Or Alarm It Cannot Be Said Victim Was Kidnapped: Calcutta High Court Acquits Two

On Monday, the Calcutta High Court acquitted two persons accused kidnapping with an intention to marry on the grounds of doubt regarding victim girl's age, inconsistency in the narrations made by victim along with delay in lodging the FIR.The bench of Justice Sugato Majumdar also took note of victim's failure to raise hue cry, which raised suspicion as to the prosecution's story. "She is...

[PNB Scam] Bombay High Court Grants Bail To Vipul Chitalia, Former Vice President Of Gitanjali Group

The Bombay High Court on Thursday granted bail to Vipul Chitalia, former vice president (banking operations) of Gitanjali Group of Companies and an accused in the multi crore Punjab National Bank (PNB) scam involving Mehul Choksi, owner of the group. Justice Bharati Dangre granted bail to Chitalia four and a half years after he was arrested in the scam in March 2018. He was...

Limitation Is An Aspect Of Public Policy For The Purpose Section 34 Of Arbitration Act : Madras High Court

The Madras High Court has ruled that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Section 34(2)(b)(ii), read with Clause (ii) of Explanation 1 to Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice M. Sundar held that, in view of the principle laid down by...

Students Can't Be Faulted For Pharmacy Council's Failure To Approve Medical Stores For Imparting Training: Gujarat HC Grants Relief To Diploma Holders

The Gujarat High Court has come to the rescue of D.Pharm students who were denied registration as 'Pharmacist' by the State Pharmacy Council on the ground that they have not undertaken training from medical stores approved the the Pharmacy Practice Regulations, 2015. A single bench of Justice AS Supehia noted that the Pharmacy Council of India has not approved any medical store under...

'He Has Right To Privacy': Kerala HC Asks ED Why Thomas Issac Should Produce Documents Of His Assets At First Instance

The Kerala High Court on Thursday asked the Enforcement Directorate to explain why former Finance Minister of Kerala Dr Thomas Issac was asked to produce private information regarding his assets at this preliminary stage of the case, particularly when he was not even an accused or suspect yet.Justice V G Arun raised the question while hearing the plea filed by Issac against the...

"Injustice To Divide A Well-Knitted Family": Meghalaya HC Quashes POCSO Charges Against Man Accused Of Having 'Consensual Sex' With Minor Wife

The Meghalaya High Court, on Wednesday, quashed and set aside charges levelled against a man under the provisions of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') for allegedly having 'consensual sex' with his minor wife. A Single Judge Bench of Justice W. Diengdoh took note of the peculiar circumstances of the case and observed, "…in the event it...

Gujarat Mineral Rules | Seized Vehicle Liable To Be Released If FIR For Contravention Not Registered Within 45 Days Of Seizure: High Court

The Gujarat High Court has held that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and seized properties upon expiry of the 45 days period specified under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.In the absence of such an exercise, the seized vehicle will have to be released in favour of...

S.14A SC/ST Act | Order Taking Cognizance & Issuing Summons Is Appealable As It Is An 'Intermediate Order', Not 'Interlocutory Order': Orissa HC

The Orissa High Court has held that an order taking cognizance and issuing summons for offences alleged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an 'appealable order' in terms of Section 14-A(1) of the Act. A Single Judge Bench of Justice Aditya Kumar Mohapatra further held that such order cannot be classified as 'interlocutory order' as the...

Intended To Blackmail Leaseholders: Madras High Court Dismisses Plea To Stop Construction Of Sand Quarries With 50K Cost

The Madras High Court recently dismissed a petition filed to stop the construction of sand quarries at three villages of Nagapattinam District after observing that the same was filed without bonafide.The bench of Chief Justice Munishwar Nath Bhandari and Justice Bharatha Chakravarthy held that the petitioner, who himself had a criminal track record under the Mines and Minerals (Development...

Redness & Swelling In Vaginal Walls Sufficient To Show 'Penetrative Sexual Assault' Even Though Insertion Of Male Organ Not Alleged: Meghalaya HC

The Meghalaya High Court has held that redness and swelling in the vaginal walls by a woman who was sexually assaulted coupled with difficulty in passing urine are sufficient proofs of penetration, even though 'complete insertion' of male organ is not specifically alleged.While dismissing the appeal filed by a person convicted for committing penetrative sexual assault on a young girl,...

Orissa High Court Monthly Digest: July 2022

Nominal Index: 1. State of Odisha & Ors. v. Radhakanta Tripathy & Anr., 2022 LiveLaw (Ori) 109 2. Gobardhan Gadaba @ Gadava v. State of Odisha, 2022 LiveLaw (Ori) 110 3. Naba Krishna Mahapatra v. State of Odisha & Ors., 2022 LiveLaw (Ori) 111 4. Kishore Bira v. State of Odisha, 2022 LiveLaw (Ori) 112 5. M/s. Patel Brothers &...

Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered

Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. The chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found...