POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student

The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as well as on the prayer...

Cryptic & Casual Bail Orders Without Relevant Reasons Liable To Be Set Aside : Supreme Court

The Supreme Court held that bail cannot be granted by a cryptic and causal order without considering the material aspects of the case. The Apex Court further clarified that even if no new circumstances have developed after the grant of bail, the State is entitled to seek cancellation of bail, if it had been granted ignoring material aspects which establish a prima ­facie case...

'Reference To Wrong Provision, As Long As Power Exists Would Not Matter': Supreme Court On Maintainability Of Appeal Under Section 34 Instead Of Section 37 Arbitration Act

The Supreme Court has held that a reference to Section 37 instead of Section 34 of the Arbitration and Conciliation Act, 1996 would not matter as long as the jurisdictional court has the power to adjudicate the appeal."Even if the appeal under Section 37 would not be maintainable, objection/appeal under Section 34 would be maintainable. Reference to wrong provision, as long as power...

Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court

The Supreme Court has observed that conviction with the aid of Section 149 of the Indian Penal Code (offence of membership of unlawful assembly) is not sustainable when the co-accused have been acquitted, making the membership of the alleged unlawful assembly less than 5 and there are no unidentified accused in the case. The bench of Justices Ajay Rastogi and AS Oka was considering...

Stale Claim Cannot Be Revived By A Representation : Supreme Court Sets Aside HC Direction To Reinstate Employee

Holding that a stale claim cannot be revived by a representation, the Supreme Court has set aside a judgment of the Madhya Pradesh High Court which directed the reinstatement of an employee with back-wages.The Court noted that in an earlier proceeding, the High Court had upheld the termination of the services of the employee for misconduct. Fifteen years later, the employee filed a...

BREAKING: Calcutta High Court Directs State Election Commission To Consider Postponement Of 4 Civic Polls For 4- 6 Weeks Amid Covid-19 Surge

The Calcutta High Court vide order dated January 13, 2022, directed the State Election Commission to consider postponing the conduct of the upcoming municipal elections in Siliguri, Chandernagore, Bidhannagar and Asansol for a short period of 4 to 6 weeks in the wake of the 'galloping speed with which the COVID cases are increasing' in the State of West Bengal. A decision in this regard has to...

Kerala Court Acquits Former Bishop Franco Mulakkal In Nun Rape Case [Read Judgment]

The Additional District and Sessions Court in Kottayam on Friday acquitted erstwhile Bishop Franco Mulakkal of the Catholic Church in the nun rape case. Additional Sessions Judge G Gopakumar pronounced the highly-anticipated verdict today morning in the presence of Mulakkal. Advocates B Raman Pillai, C.S . Ajayan, Sujesh Menon, Mahesh Banu. Nibu and Akhil represented Mulakkal in the...

How NEET-MDS Admissions For 2021-22 Were Carried Out Beyond November 20 Deadline? Supreme Court Asks Karnataka

The Supreme Court on Wednesday required the state of Karnataka to explain the circumstances in which it carried out admissions for PG courses in MDS for the 2021-22 session beyond the deadline of 20 November 2021. The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing the writ petition by Maratha Mandals Nathajirao G. Halgekar Institute Of Dental Sciences and Research Centre...

Court Direction To A Parent To Go Abroad With Child While Granting Custody Offends Right To Privacy : Supreme Court

The Supreme Court observed that a court while deciding an issue of child custody cannot direct a parent to leave India and to go abroad with the child."A writ Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the wishes of a parent, it will offend her/his right to privacy", the bench...

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Advocate-on-Record, Mr. P.V. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice...

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

On Thursday (6th January) the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. A bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh set aside the order of the Punjab and Haryana High Court and remitted the matter back for...

Exception For Marital Rape Based On An Outdated Concept Of Marriage Presuming Consent : Amicus Curiae Tells Delhi High Court

The Delhi High Court on Thursday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...