'Criminality Now Stands Washed Off': Allahabad High Court Quashes 2016 POCSO Act Case Noting Accused Married Victim 'Long Way Back'

The Allahabad High Court on Thursday quashed criminal proceedings of a rape case lodged under the POCSO Act and the Indian Penal Code in 2016, noting that the accused had married the prosecutrix 'a long way back'. Observing that the couple is living a happy married life with a child, a bench of Justice Vivek Kumar Singh said that "criminality, if any...now stands washed off” and...

S. 197 CrPC | Order Granting Or Denying Sanction Must Show Clear Application of Mind : Supreme Court

The Supreme Court held that a sanction under Section 197 CrPC to prosecute a public servant cannot rest on vague or mechanical assertions and must reflect a clear application of mind by the competent authority. “Application of mind by the authorities granting or denying sanction must be easily visible including consideration of the evidence placed before it in arriving at the...

Kerala High Court Recommends Statewide Information Mechanism To Trace Missing Persons

The Kerala High Court on Friday (21 November) suggested a Statewide information mechanism to trace missing persons.The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha, were considering the habeas corpus plea filed by Santon Lama to trace out his father, Suraj Lama – stated to be missing since October 5 since his arrival in Kochi from Kuwait.A...

'Why Don't You Move Supreme Court?': High Court Asks Parties Seeking SIT Probe, FIRs Against Politicians Over Delhi Riots

The Delhi High Court on Friday listed for hearing on December 11, a batch of petitions seeking independent SIT investigation into the 2020 North East Delhi riots, registration of FIRs against politicians for alleged hate speeches, and action against errant police officials.A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain asked the parties as to why they cannot...

Decide MP Amritpal's Parole Application To Attend Parliament Winter Session Within 7 Days: Punjab & Haryana High Court To State

The Punjab & Haryana High Court has directed Punjab Government to decide NSA detainee MP Amritpal Singh's application seeking parole to attend Parliament winter session, “within 7 days” preferably before the session starts.Amritpal has been accused of propagating "Khalistani separatism" and posing a threat to the security of the State and maintenance of public order. Chief Justice...

Supreme Court Dismisses ED's Challenge To Madras High Court's Order Summoning ED Officer In Contempt Matter

The Supreme Court recently dismissed a petition filed by the Enforcement Directorate (ED) challenging an order of the Madras High Court issuing notice to an ED officer in a contempt petition. The contempt petition was filed alleging that the ED was continuing the investigation ignoring the High Court's stay order.A bench comprising Justice JK Maheshwari and Justice Vijay Bishnoi expressed...

Kerala High Court Quashes Special Judge's Order To Proceed Against ADGP Ajithkumar In DA Case, Relegates It To Pre-Cognizance Stage

The Kerala High Court on Friday (November 21) set aside the order of the the Enquiry Commissioner & Special Judge, Thiruvananthapuram that had decided to proceed against Additional Director General of Police (ADGP) M.R. Ajith Kumar in an alleged disproportionate assets case. The ADGP, currently holding the post of Excise Commissioner, had approached the High Court challenging the order of...

GST | Assessee Must Be Given Personal Hearing Since SCN Lacked Reasons: Delhi High Court Quashes Demand Against Stock Broker

The Delhi High Court has set aside the demand raised against a stock broker, noting that both the show cause notice as well as the final order were bereft of any reasons, disabling the broker to make effective representation.“It is seen that the SCN actually does not give any reasons…Even the impugned order does not give any reasons,” a division bench of Justices Prathiba M. Singh and...

Partners Not Separate From Firm; Liability Is Joint & Several: Allahabad High Court Refuses To Quash NI Act Case Against 'Sleeping Partners'

Observing that a partnership firm has no separate legal recognition in the absence of its partners, the Allahabad High Court (Lucknow Bench) recently refused to quash proceedings under Section 138 of the Negotiable Instruments Act against two women who claimed to be 'sleeping partners' acting through a Power of Attorney holder. Thus, dismissing two connected petitions filed u/s 482...

Supreme Court Women Lawyers Association Approaches SC Against Bombay HC Ruling Excluding Bar Council From POSH Act

The Supreme Court Women Lawyers Association has approached the Supreme Court challenging the Bombay High Court order holding that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 does not apply to complaints of sexual harassment made by advocates against other advocates before Bar Councils. A bench of Justice BV Nagarathna and Justice R...

Indian Army Secures Exclusive IP Rights For New Digital-Print Combat Coat

The Indian Army has secured exclusive intellectual property rights over its newly introduced 'Coat Combat (Digital Print)' after registering the design with the Controller General of Patents, Designs and Trademarks, Kolkata. The Army on Wedneday said that the registration gives it exclusive ownership of both the design and the camouflage pattern, providing statutory protection under the...

We Used 'Swadeshi Interpretation' In Presidential Reference Opinion : CJI BR Gavai

Chief Justice of India BR Gavai said on Friday that the Court had adopted a "swadeshi interpretation" in its recent opinion in the Presidential Reference, preferring Indian precedents over foreign jurisprudence.The CJI made this comment in response to a statement by Solicitor General of India Tushar Mehta that after Justice Gavai took over as the CJI and also with Justice Surya Kant, "a...