High Courts Weekly Roundup [November 29, 2021 To December 3, 2021]

Allahabad High Court 1. Allahabad HC Directs Name, Gender Change Of A Transgender In Educational Records Following UP Education Board's DenialThe High Court (Lucknow Bench) today directed Uttar Pradesh Government authorities to take immediate steps for change of name and gender of a Transgender in her educational mark-sheets and certificates. The Bench of Justice Vivek Chaudhary also ordered the issuance of fresh changed mark sheets and certificates to her, as per the certificate issued by the District Magistrate to the petitioner.2. CBI Gets Allahabad High Court's Sanction To Prosecute Former Judge Justice SN Shukla In Medical College Bribery CaseThe Allahabad High Court has granted its sanction to the CBI to prosecute its former Judge, Justice SN Shukla, in the medical college bribery case, reported the NDTV. The CBI has alleged that Justice Shukla took illegal gratification for passing a favorable order in a matter regarding Prasad Institute of Medical Science, Lucknow. With this sanction, CBI can now move ahead and prosecute Justice SN Shukla.Also Read: UP Govt Assures Best Possible Medical Treatment To Atiq Ur Rehman; Tenders 'Unconditional Apology' In Allahabad High Court, Following Allahabad High Court's Nudge, UP Govt. Takes UAPA Accused Atiq Ur Rehman To AIIMS For Medical TreatmentAlso Read: How Long Will It Take To Provide Security, Biometric & CCTV Camera Arrangements Across All Judgeships: Allahabad HC Asks UP Govt3. Oral Sex With 10-Yr-Old Boy Not An 'Aggravated Sexual Assault' But 'Penetrative Sexual Assault' Under POCSO Act: Allahabad High Court [Sonu Kushwaha v. State of Uttar Pradesh]While dealing with the appeal of a POCSO Convict, accused of committing oral sex with a 10-year-old boy, the High Court recently observed that putting the penis into the mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into the category of penetrative sexual assault which is punishable under Section 4 of the POCSO Act. Pursuant to the perusal of the specific provisions of the POCSO Act, the Bench of Justice Anil Kumar Ojha observed that the Act [putting a penis inside the mouth of a child] falls under the category of 'penetrative' sexual assault punishable under Section 4 of the POCSO Act 2012. Also Read: NCPCR Asks UP Govt To File 'Urgent Appeal' Against Allahabad High Court's Contentious 'Oral Sex With Minor' Judgment4. Law Minister's Statement On Allahabad HC's 'Proposed' Bench At Agra 'Childish' & 'Politically Motivated': HCBA's Elders' CommitteeThe High Court Bar Association Elders' Committee today issued a resolution/public statement calling the Statement of Union Law Minister, Kiren Rijiju regarding the creation of Bench of Allahabad High Court at Agra as 'Childish' and 'Politically motivated'. Issuing a public statement, Allahabad High Court Bar Association Elders' Committee has stated that it has taken note of the statement of the Union Law Minister regarding the creation of Bench of Hon'ble High Court in Agra with concern.Also Read: Haven't Made A Statement On Establishment Of Allahabad High Court's Bench At Agra: Union Law Minister Kiren Rijiju5. Evidence Of Victim Being Last Seen With Accused Not Convincing": Allahabad HC Acquits Man Facing Death Penalty In Minor Murder, Rape Case [Bal Govind Alias Govinda v. State of U.P.]The High Court recently acquitted a man convicted for raping and murdering a minor girl and facing the death penalty, having found the evidence of the deceased being last seen with the accused-appellant before the alleged incident as not convincing. Importantly, the Bench of Justice Manoj Misra and Justice Sameer Jain also observed that there must have been immense pressure on the police to solve the case and opined that the accused-appellant was named on mere suspicion, and not on evidence, to solve the case.Andhra Pradesh High Court 1. Andhra Pradesh State Assembly Passes Bill To Repeal 'Three Capital' LawsThe Andhra Pradesh State Assembly on Monday passed the Andhra Pradesh Decentralisation and Inclusive Development of All Regions Repeal Bill, 2021, which aims to repeal the earlier laws made by the state legislature paving way for the 'three capitals' plan for the state. Essentially, this bill intends to repeal the A. P. Decentralisation and Inclusive Development of All Regions Act 2020 and the Andhra Pradesh Capital Region Development (Repeal) Act 2020.Bombay High Court 1. Nawab Malik Approaches Division Bench Seeking To Quash Single Judge's Ad-Interim OrderNationalist Congress Party leader and Maharashtra Minister Nawab Malik have approached the division bench and sought to quash the single judge's ad-interim order with the consent of NCB Zonal Director Sameer Wankhede's father Dhyandev while continuing with his statement to not tweet anything against the family. Malik's Advocate, Karl Tamboly, tendered draft consent terms before the division bench of Justices SJ Kathawalla and Milind Jadhav on Friday and pleaded that the case is...

High Courts Weekly Roundup [November 29, 2021 To December 3, 2021]

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