News Updates
Omission In Framing Of Charge Not Fatal By Itself Unless Prejudice Caused To Accused: Madras High Court
The Madras High Court recently imposed a penalty upon a company for allotting shares in violation of the Securities and Exchange Board of India Act, 1992 and opined that though the charge was not separately framed under Section 24(2), the penalty was imposed by the authority keeping in mind the ingredients of the section. The bench of Justice Bharatha Chakravarthy thus...
Lakhimpur Kheri Violence: Allahabad High Court Reserves Judgment On Bail Plea Of Ashish Mishra
The Allahabad High Court on Friday reserved its judgment on the bail plea of the Union Minister's Son, Ashish Mishra, who is a prime accused in the Lakhimpur Kheri Violence case.Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they were mowed down by an SUV, in which Mishra was allegedly sitting.Having heard...
Allahabad High Court Raps UP Cops For Razing Residential House Sans Registration Of Execution Case, Seeks SP's Presence
The Allahabad High Court recently rapped Uttar Pradesh Police officials for providing assistance in demolishing a residential house without any execution case having been registered for the execution of the decree.Following this, the Bench of Justice Salil Kumar Rai sought the personal presence of the Superintendent of Police and the erring officials in the court on July 22, 2022, along...
Margin Of Error In Determining Age By Radiological/ Ossification Test Is Two Years On Either Side: Telangana High Court Overturns POCSO Conviction
Recently, the Telangana High Court overturned the POCSO conviction as the age of the victim girl could be above 18 years of age on applying the margin of error to the age determined by doctor on radiological/ossification examination. Brief Facts of the Case The appeal was filed questioning the conviction of appellant for the offences under Section 5(1) r/w Section 6 (punishment...
NCLT Mumbai Initiates Insolvency Proceedings Against Sahara Hospitality, Owner Of Hotel Sahara Star
The National Company Law Tribunal's (NCLT) Mumbai bench has initiated insolvency proceedings against Sahara Hospitality Limited, that owns Hotel Sahara Star, for an alleged default of around Rs 50 crore. Judicial Member Justice P.N. Deshmukh (retd) and Technical Member Shyam Babu Gautam admitted a Company Petition (CP) under Section 9 of the Insolvency & Bankruptcy Code,...
When Substantial Evidence Is Lacking To Connect Accused With Crime, Other Corroborative Evidence Loses Significance: Gujarat High Court
The Gujarat High Court has held that where substantial evidence to connect an accused with the crime is lacking, other corroborative evidence loses its significance.In light of the aforesaid, a Bench comprising Justices SH Vora and Rajendra Sareen upheld an order of acquittal passed by the Sessions Court in a criminal case under Sections 143, 147, 148 and 302 of the Indian Penal Code and...
'Necessary Steps Being Taken': Telangana High Court On PIL To Make Environmental Science A Compulsory Subject At School & University
The Telangana High Court has disposed of a PIL seeking a direction to the respondent-State to make Environmental Science a compulsory subject following the decision in MC Mehta v. Union of India (1992). In MC Mehta, a PIL was filed for issuing appropriate directions to cinema exhibition halls to exhibit slides and to disseminate information on environment free of cost. While disposing of...
Beef Ban: Gauhati High Court Issues Notice On Plea Challenging "Complete Ban" In Municipal Area
The Gauhati High Court has issued notice on a petition challenging "complete ban" on business of selling beef in Assam's Sonari Municipal area. The question that has arisen before a single bench comprising of Justice Sanjay Kumar Medhi is whether the Assam Cattle Preservation Act, 2021 contemplates an absolute beef ban or whether the Municipal Corporation is obliged to allot an appropriate...
If Age Of Victim Girl Is Suspicious & Not Proved, Benefit Of Doubt Is Extended To Accused Under POCSO Act: Telangana High Court
In a recent case, the Telangana High Court ruled that benefit of doubt has to be extended to the accused under the POCSO Act, if the age of the victim girl cannot be proved by prosecution to be below 18 years of age. Brief Facts of the case The appellant/accused was convicted for the offence under POCSO Act and Section 366A (punishment for procuration of minor girl),...
Courts Can't Enter Into Merits Of Selection Process Unless Selection Committee Has Been Malafide Or In Violation Of Statutory Rules: Delhi High Court
The Delhi High Court has held that it is not within the domain of the Courts, sitting in judicial review, to enter into the merits of a selection process, a task which is the prerogative of and in the expert domain of a Selection Committee. A division bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela observed that it cannot act as an Appellate Authority and substitute its own opinion...
Consensual Physical Acts Cannot Be Taken As Defense If Girl Is Below 18 Yrs Of Age: Telangana High Court Upholds POCSO Conviction
The Telangana High Court has reiterated that the defense that acts of physical relationship was consensual between the accused and victim girl cannot be considered where the age of the girl was below 18 years.Stating thus, a single bench of Justice K. Surender dismissed an appeal challenging conviction under the Protection of Children from Sexual Offences Act, 2012. The appellant...