News Updates
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...
Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be deemed to be...
Hormonal Imbalance/ Irregular Menstruation Of Women Cannot Be Considered As Female Impotency: Madras High Court
The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex. Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.The bench held...
Mere Gathering Of More Than 5 Persons Not "Unlawful Assembly": Madras HC Quashes Case Against Law Students Protesting Against Srilankan Govt
The Madras High Court recently quashed criminal proceedings against 11 law students accused of raising slogans against the Srilankan Government, demanding their "Tamil Ealam issues". Justice N Satish Kumar observed that the students had democratically raised protest against the inaction of the police and such a gathering could not be held unlawful. The court observed as under:At any event,...