ABETMENT TO SUICIDE
DELHI HIGH COURT | Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide; Bail granted to a man accused u/s 498-A, 304-B IPC
In and application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in the proceedings arising from FIR registered under Sections 498-A/304-B/34 of the Penal Code, 1860, Sanjeev Narula, J., stated that only allegations raised was related to an alleged demand for a car as dowry, and an alleged extra-marital relationship between the petitioner and his sister-in-law. The Court stated that mere suspicion of an extra-marital affair, however morally reprehensible it might seem, did not per se amount to abetment of suicide. Thus, the Court directed the petitioner to be released on bail after furnishing a personal bond for a sum of Rs. 50,000 with two sureties of the like amount, subject to the satisfaction of the Trial Court on certain conditions. Read more HERE
ADVOCATES
BOMBAY HIGH COURT | ‘Advocates perceived as client’s agent, must respect client’s autonomy to make decisions’; Forgery case against advocate, quashed
In the present case, the applicant, a practicing lawyer, along with her client, was accused of forging a document for her client’s bail and thus, a case was registered with the Police Station Ram Nagar, Chandrapur, for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 236 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The Division Bench of Anil S. Kilor and Pravin S. Patil, JJ., stated that whatever documents the client gave to the applicant to submit in the court, the applicant submitted the same as per the client’s instructions. The Court quashed and set aside the FIR and opined that the advocate was expected to follow the instructions of her client rather than substitute her judgment as she was the only link between the court and the client. Read more HERE
BOMBAY HIGH COURT | Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them
The Division Bench of G.S. Kulkarni* and Advait M. Sethna, JJ., while considering challenge to the notice issued by a District Bar Association for clearance of dues, opined that, if all the activities, actions, and decisions of the bar associations were made subject to judicial review of the High Court under Article 226 of the Constitution, by concluding that the bar association was a ‘State’ within the meaning of Article 12, then it would certainly lead to a chaotic situation and a possible misuse of the discretionary and summary jurisdiction of this Court. The Court dismissed the present petition and stated that it was open for the petitioners to approach the appropriate Civil Court for redressal of their grievance. Read more HERE
ARBITRATION
DELHI HIGH COURT | BSNL’s appeal dismissed; ₹43.52 cr. arbitration award in favour of Vihaan Networks for pre-contractual work on 2G Network in Northeast, upheld
An appeal was filed by BSNL under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’), being aggrieved by the judgment dated 03-10-2023 passed by the Single Judge of this Court wherein the petition was dismissed under Section 34 of the Act and upheld the award dated 16-06-2023 whereby the Sole Arbitrator was awarded ₹33.69 plus ₹9.83 crores along with interest in favour of the respondent. A division bench of Vibhu Bhakru and Tejas Karia*, JJ., dismissed the appeal, holding that the arbitral award had taken a plausible and reasonable view after appreciation of material and evidence on record. Read more HERE
BAIL
CHHATTISGARH HIGH COURT | ‘Leaking competitive exams question paper more heinous than murder’; Former Chhattisgarh PSC Chair Taman Singh Sonwani’s bail plea, rejected
In a bail application filed by Taman Singh Sonwani (‘Taman’), former chairman of Chhattisgarh Public Service Commission (‘CPSC’) against his arrest under Sections 120-B and 420 of the Penal Code, 1860 (‘IPC’) and Sections 7, 7(A) & 12 of the Prevention of Corruption Act, 1988 (‘PC Act’) for allegedly leaking question papers of the State Service Examination (‘the exam’), a Single Judge Bench of Bibhu Datta Guru, J., rejected the application, holding that the case was not fit for grant of bail. The Court remarked that the alleged charges levelled against the accused persons, including Taman could by no stretch of the imagination, be termed as ordinary charges. Read more HERE
DELHI HIGH COURT | Gullible individuals facing rough weathers in life fall prey to inducements in the name of religious preachers; Anticipatory bail denied
An application was filed by the accused/applicant seeking anticipatory bail, who faces serious allegations of cheating and fraud under Section 420 of the Indian Penal Code (IPC). Girish Kathpalia, J., held that anticipatory bail could not be granted to the accused/applicant as the accused/applicant has stopped joining investigation and rather has fled to some undisclosed destination, thus, custodial investigation is necessary in this case in order to track down the trail of cheated money. Read more HERE
PUNJAB AND HARYANAHIGH COURT | ‘Non-bailable warrants must not be issued mechanically’; Bail cancellation order of accused who missed one hearing due to ill health, quashed
In an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the Trial Court’s order whereby the bail granted to the accused was cancelled and non-bailable warrants were issued against him, a Single Judge Bench of Sumeet Goel, JJ., allowed the application, opining that the issuance of the impugned order amounted to an unjustifiable restriction on the procedural rights of the accused in the absence of any misconduct, lack of bona fides, or a deliberate attempt to evade proceedings on his behalf. Read more HERE
DELHI HIGH COURT | Bail granted in 2018 murder case after identified victim found alive and body remains unidentified
In a bail application seeking regular bail suffering incarceration since 17-05-2018 in FIR for offence under Sections 302, 201 and 34 IPC, Girish Kathpalia, J., directed that the accused/applicant be released forthwith on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Trial Court. Read more HERE
COMMUNAL VIOLENCE
CALCUTTA HIGH COURT | Suvendu Adhikari allowed to visit violence-affected Murshidabad areas; Directed prior intimation and police coordination
A petition was filed by Suvendu Adhikari, the Leader of the Opposition and an elected representative of the Bharatiya Janata Party from Murshidabad (petitioner 2) seeking direction from the concerned authorities to immediately allow the petitioners, along with two other individuals and their security personnel, to visit the areas of Dhuliyan, Suti, and Samsherganj in Murshidabad district, West Bengal. A division bench of Soumen Sen and Raja Basu Chowdhury, JJ., held that the petitioners, along with an MLA, are permitted to visit the aforementioned areas subject to prior intimation of at least 24 hours to the jurisdictional Superintendents of Police and directed the Administration to take all necessary measures to ensure that no breach of peace occurs during the visit and, if required, to deploy additional forces. Read more HERE
CONSTITUTIONALITY
MEGHALAYA HIGH COURT | ‘Power to enact and to repeal is sole prerogative of legislature’; Plea challenging vires of Rajitlal University (Repealing) Act 2023, dismissed
In a writ petition challenging the vires of the Rajitlal University (Repealing) Act, 2023, which repealed the Rajitlal University Act, 2011 (the Act), the Division Bench of IP Mukerji*, CJ., and W. Diengdoh, J. dismissed the petition pointing out that the legislature is the sole judge of what law they are to make. The petitioners question the truth of the assertion made in the object and reasons in support of the repealing Act. The Court termed the present plea as an absolute abuse of the process of Court and frivolous. Read more HERE
CRIMINAL TRIAL
BOMBAY HIGH COURT | ‘Recording of evidence crucial part of trial’; Relief denied to police officer who laughed at a Judge while deposing on video conference
In the present case, a letter dated 22-1-2025 (‘the impugned letter’) was issued by the District Judge-I and the Sessions Judge, Beed (Trial Judge), to the Directorate General of Police (‘DGP’), whereby the DGP was requested to frame Standard Operating Procedure (‘SOP’) for giving evidence through video conferencing to ensure maintenance of decorum in the Court. The impugned letter was issued due to the petitioner’s improper conduct while giving evidence through video conferencing, by way of a mobile phone in a trial before the Trial Court. The Division Bench of Revati Mohite Dere and Neela Gokhale, JJ., noted that the petitioner while on video conferencing, kept muting his microphone and speaking to someone else in the room and when the Trial Judge admonished him not to speak to anybody while deposing, he laughed. The Court held that there was no infirmity or illegality on the Trial Judge’s part in issuing the impugned letter as the manner in which the petitioner conducted himself during the proceedings was sure to affect the proceedings in the trial. Read more HERE
CRUELTY
ANDHRA PRADESH HIGH COURT | Sister-in-law taunting for not conceiving not a ground for S. 498A IPC & Section 3 and 4 of Dowry Prohibition Act charges to sustain
In a petition filed by accused 2 to 5 seeking quashing of proceedings in criminal case pending before the Judicial Magistrate of First Class cum Principal Junior Civil Judge, S. Harinath N. J., allowed the petition in part and quashed the proceedings against petitioners 3 and 4, holding that vague and omnibus allegations without specific details as to the alleged harassment could not sustain the scrutiny of law, particularly when the petitioners 3 and 4 were staying away from the marital home after their marriage and there were no specific allegations against them to attract the provisions of Section 498A IPC or Section 3 and 4 of the Dowry Prohibition Act. Read more HERE
GUJARAT HIGH COURT | Husband’s girlfriend not a ‘relative’ for prosecution under S. 498A IPC’; Cruelty case quashed
In an application filed by a woman seeking quashing of an FIR registered under Sections 498-A, 323, 504, 506(2) and 114 of the Penal Code, 1860 (‘IPC’) against her by her alleged boyfriend’s wife, a Single Judge Bench of J.C. Joshi, J., partly allowed the petition, thereby quashing the FIR and all consequential proceedings initiated in pursuance thereof. Read more HERE
CUSTODIAL DEATH AND VIOLENCE
CALCUTTA HIGH COURT | ‘Lady Constable seen smacking on her head’; SIT probe directed into alleged custodial torture of student protester by West Bengal police
In a petition filed by a student of the Mathematics Department of Midnapore College, (petitioner) seeking intervention regarding the alleged custodial torture and police excesses including directions for registration of FIR and appropriate investigation against the errant police officials, Tirthankar Ghosh, J., directed that the petitioner’s complaints to the National and State Human Rights Commissions be treated as an FIR and forwarded to the Human Rights Court (Sessions Judge, Paschim Midnapore) under the Protection of Human Rights Act, 1993. It was further directed that Special Investigation Team (SIT) to be constituted under the leadership of IGP Muralidhar Sharma to conduct a thorough probe, with full logistical support from the Home Secretary, Government of West Bengal. Read more HERE
PUNJAB AND HARYANA HIGH COURT | Response sought from SSP regarding man allegedly tortured, given electric shocks, recorded naked in police custody
In a petition filed under Article 226 of the Constitution by an accused who was allegedly tortured in police custody seeking protection of life and liberty and setting aside his arrest, a Single Judge Bench of Kirti Singh, J., noted that there were allegations of gross misconduct of the acting officials and opined that it required a detailed response qua the actual chain of events and qua the alleged custodial torture that the accused was subjected to. The Court also directed the Senior Superintendent of Police (‘SSP’) to submit a response in this regard. Read more HERE
CUSTODY
PUNJAB AND HARYANA HIGH COURT | ‘Indian Courts not for sidestepping jurisdictional proceedings by foreign nationals’; Custody granted to Canadian woman whose husband allegedly abducted their son
In a habeas corpus petition filed by a Canadian national seeking custody of her minor son from her husband who had come to India with their son but overstayed in violation of court orders passed by the Ontario Family Court (‘Canadian Court’), a Single Judge Bench of Manjari Nehru Kaul, J., allowed the petition, holding that the continued retention of the minor son by the husband was unjustified, contrary to the orders of a competent foreign Court, violative of the principles of comity of Courts, and not conducive to the welfare of the child. The Court also held that the minor son ought to be repatriated to Canada in the custody of the wife. Read more HERE
DEFAMATION
CALCUTTA HIGH COURT | Wife directed to pay ₹1,00,000 damages for defaming husband by publishing false second marriage claim in newspaper
An appeal was filed by the wife (appellant) being aggrieved by the judgment and decree passed by the Additional District Judge Andaman and Nicobar Islands, Port Blair on 24-02-2020 in an appeal filed by husband (respondent) wherein the First Appellate Court reversed the judgment of the Trial Court that had dismissed the husband’s suit for defamation. Supratim Bhattacharya, J., held that the notices amounted to defamation and upheld appellant’s right to damages, however, it modified the quantum of damages from Rs. 2,00,000 to Rs. 1,00,000, considering proportionality and the appellant’s financial status. Read more HERE
ENVIRONMENT LAW
MEGHALAYA HIGH COURT | Suo motu PIL to protect wetlands closed considering none of the sites qualified as Ramsar site
In a public interest litigation pursuant to Supreme Court’s order for “ground truthing” of wetlands and identification of Ramsar sites amongst those waterbodies, the Division Bench of IP Mukerji*, CJ and W. Diengdoh, J. disposed of the PIL considering that none of the sites in question fell under Ramsar site per the Ramsar Convention on wetlands. Read more HERE
FAMILY AND PERSONAL LAWS
KERALA HIGH COURT | Gold Ornaments given to bride constitute ‘stridhan’; Rigid legal proof not required in claims for its return
In an appeal challenging the correctness, legality, and propriety of the judgment and decree of the Family Court, Ernakulam, which had dismissed the wife’s claim for the return of gold ornaments and other personal belongings, the Division Bench comprising Devan Ramachandran and M.B. Snehalatha*, JJ., held that the gold ornaments and cash given to the bride at the time of marriage constituted the woman’s ‘Stridhan’, meaning her exclusive property. Highlighting the prevalence of cases where such valuable possessions were misappropriated by the husband or in-laws, the Court observed that the private and often informal nature of these transfers made it nearly impossible for women to produce documentary evidence to prove ownership or misappropriation. In such circumstances, the courts were required to rely on the principle of preponderance of probabilities to ensure justice. Accordingly, the Court directed the husband to return 59½ sovereigns of gold ornaments or its market value as on the date of return to the wife. Read more HERE
FREEDOM OF SPEECH AND EXPRESSION
DELHI HIGH COURT | Injunction against YouTuber in Doctor’s Choice Protein Review Case, refused; Influencer’s free speech backed by lab reports, upheld
A suit was filed by the San Nutrition Pvt. Ltd. (plaintiff) seeking permanent injunction restraining the defendants, who are social media influencers and have posted videos on YouTube and/ or Instagram regarding the plaintiff and one of its products, alleging infringement of trade marks, defamation, disparagement and unfair trade practices. Amit Bansal, J., held that the plaintiff has failed to show that the defences of ‘truth’ and ‘fair comment’ put up by the defendants are palpably false and/or are bound to fail at the stage of trial as well as on a prima facie view, the plaintiff has also failed to make out a case for disparagement against the defendants as it cannot be said that the contents of the impugned videos are false or misleading or have been made in a malicious manner with an objective to cause damage or injury to the plaintiff. Read more HERE
GIFT
BOMBAY HIGH COURT | ‘Constructive possession enough for gift transaction’; Second appeal of brother claiming right to property gifted by father to the other son, rejected
In a second appeal filed by a brother and his family against the ownership of his brother over the family house gifted to him by their father, a Single Judge Bench of Rohit W. Joshi, J., rejected the appeal, holding that the father had undoubtedly gifted the property to the respondent-son and constructively transferred the possession. Thus, the transaction of gift/Hiba was completed validly and legally. Read more HERE
GOVERNMENT GRANTS, LARGESSE, PUBLIC PROPERTY AND PUBLIC PREMISES
GUJARAT HIGH COURT | ‘Illegal construction by residents, cannot claim vested right for resettlement & rehabilitation’; Demolition drive on Chandola Lake refused to be stayed
In a civil application filed by residents of Chandola Lake against the State’s demolition drive, a Single Judge Bench of Mauna M. Bhatt, J., refused to stay the demolition until the residents were provided with alternative accommodation, holding that the suit premises were a notified water body, i.e., government land, and no permission had been given to the residents to construct anything; thus, their constructions were illegal. Read more HERE
HABEAS CORPUS
PUNJAB AND HARYANA HIGH COURT | ‘Mother equal natural guardian, cannot be implicated in kidnapping her child’; Uncle’s habeas corpus plea for custody of 12-year-old nephew, dismissed
In a habeas corpus petition filed by the petitioner-paternal uncle seeking the release of his minor nephew from the child’s mother, a Single Judge Bench of Harpreet Singh Brar, J., dismissed the petition, holding that a parent could not be implicated for kidnapping their child as both the parents were equal natural guardians. Read more HERE
INCOME TAX
MADHYA PRADESH HIGH COURT | Expenditure on Overburden Removal is Capital Expenditure, hence not deductible under S. 37(1) of Income Tax Act
In a batch of Income Tax appeals filed by the Department of Income Tax against respondent-Northern Coalfields Ltd. (NCL), related to multiple assessment years raising substantial questions of law under Section 260-A of the Income Tax Act, 1961 (Income Tax Act), a Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain,* J., partly allowed the appeals. The Court upheld the Tribunal’s orders in relation to education, community development, and other welfare expenditures. However, regarding deduction of Overburden Removal (OBR) expenses as revenue expenditure, the Court ruled in favor of the Revenue and held them as capital expenditure. Read more HERE
INVESTIGATION
KARNTAKA HIGH COURT | Need for Investigating Officers to be acquainted with technology to tackle emerging cybercrimes, emphasised on
While considering the instant petition seeking issuance of mandamus for constitution of a Special Investigation Team (SIT) to conduct, supervise and monitor investigation in a crime registered for offences punishable under Sections 66, 66(B) and 66(C) of the Information Technology Act, 2000 (IT Act) and Sections 318(2), 318(3), and 318(4) of the Bhartiya Nyaya Sanhita, 2023 (BNS); the Bench of M. Nagaprasanna, J.*, perusing the facts of the case pointed out that it has the colour of a cyber espionage. It is a multi-layered crime involving nuances of defence technology and concerns of national defence. Investigations into such crimes demand not merely procedural competence, but an amalgamation of technical expertise and forensic acumen. The Court pointed out that investigation of crimes of such magnitude cannot be done by the Investigating Officer who is now appointed due to lack of technical expertise and an ordinary investigation would amount to miscarriage of justice. Therefore, the Court found it appropriate and imperative to constitute a SIT, as scales of justice must not tilt due to incompetence of Investigating Officers. “It is a lamentable reality that conventional Investigating Officers who are trained for the crimes of yesterday, would undoubtedly find themselves ill-equipped to grapple with cybercrimes”. The Court pointed that the crimes over the years have emerged in different hues and forms. In this digital age where crime knows no borders and malfeasance is coded with keystrokes, the tools of conduct of investigation of such emerging crimes must evolve. An ordinary Investigating Officer or a conventional Investigating Officer would not be so equipped with such emerging crimes to decode the labyrinth of cybercrimes. Therefore, the Investigating Officers who are also acquainted with technology or trained in digital forensics, those who can trace the invisible and pierce encryption and unearth the data buried or data theft, would be required to deal with the emerging crimes. Read more HERE
INTELLECTUAL PROPERTY
BOMBAY HIGH COURT | Innovation Coatings (P) Ltd. restrained from using “INOVA 1K PUR” mark; grants interim injunction to Pidilite for mark “1K PUR” for adhesive products
In the present case, the applicant, Pidilite Industires Ltd. filed an application claiming that the defendant, Innovation Coatings Pvt. Ltd., by using the mark “INOVA 1K PUR” was infringing the applicant’s registered trade mark “1K PUR”. A Single Judge Bench of Manish Pitale, J., opined that the defendant by adopting “1K PUR” in its mark and failing to make out a case about the same being a commonly used trade description, adopted the mark in a dishonest manner. The Court also opined that not only was the defendant blowing hot and cold at the same time by doubting the registration of the applicant’s trade mark on the one hand and on the other hand applying for registration of its own mark, it was also taking the risk of seeking registration when the trade mark “1K PUR” of the applicant was already registered and formed part of the register of the Trade Marks Registry. The Court thus held that till the final disposal of the suit, the defendants were restrained from manufacturing, marketing, selling, advertising, offering to sell or dealing in the impugned products or adhesives or any similar goods or any other goods bearing the applicant’s mark “1K PUR” (with or without any other mark), or any other mark/label identical with or similar to or in any manner comprising of the mark “1K PUR”. Read more HERE
JUDICIARY
ALLAHABAD HIGH COURT | ADJ found incompetent in judgment writing; Three months’ training at Judicial Training and Research Institute, directed
In a petition filed for setting aside the order passed by Additional District Judge, wherein the Court rejected an amendment application filed by the petitioner under Order VI Rule 17 of the Code of Civil Procedure, 1908 (‘CPC’) seeking to incorporate certain new grounds, the Single Judge Bench of Neeraj Tiwari, J. while setting aside the impugned order, viewed that Dr. Amit Verma, Additional District Judge, Kanpur Nagar, was not competent to write a judgment in accordance with law. Consequently, the Court deemed it necessary to direct that he be sent for a minimum of three months’ training at the Judicial Training and Research Institute, Lucknow. Read more HERE
MADHYA PRADESH HIGH COURT | Civil Judge’s dismissal for delivering verdicts in several criminal cases without writing judgments, upheld
In a writ petition challenging the dismissal of a Civil Judge (petitioner), for delivering final verdicts in several criminal cases without writing judgment, a Division Bench of Suresh Kumar Kait*, CJ., and Vivek Jain, J., upheld the dismissal. Read more HERE
LEGAL AID
MADHYA PRADESH HIGH COURT | Report on Legal Aid provided to undertrials/convicts in filing Bail applications, appeals & revisions, called for
In an appeal challenging the appellant’s conviction with an application seeking condonation of delay of 850 days in filing the appeal, a Division bench of Vivek Agarwal and Devnarayan Mishra, JJ., condoned the delay and admitted the appeal for final hearing. Read more HERE
MUSLIM LAW
BOMBAY HIGH COURT | ‘Only Talaq-e-Biddat (Triple Talaq) is prohibited and not Talaq-e-Ahsan’; FIR against husband and his parents, quashed
In the present case, an FIR was filed against Applicant 1 by his wife, Respondent 2, for pronouncing Talaq to her. Thus, an application was filed by Applicant 1, initially for quashing the said FIR registered with Bhusawal Bazar Peth Police Station, Jalgaon and later, by way of amendment, for quashing the proceedings in a case pending before the Judicial Magistrate First Class, Bhusawal for the offences punishable under Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 (‘the 2019 Act’) and under Section 34 of the Penal Code, 1860 (‘IPC’). The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., noted that in the present case, Respondent 2 stated that the notice which Applicant 1 had given on 28-12-2023, stated that Talaq-e-Ahsan i.e., one pronouncement of Talaq, was given to her. The Court thus, opined that only Talaq-e-Biddat or any other form of Talaq, which had instantaneous effect or irrevocable effect of the pronouncement was prohibited/barred as per the 2019 Act, and Talaq-e-Ahsan, which was one pronouncement of Talaq, was not prohibited/barred. The Court thus quashed and set aside the FIR filed against the applicants. Read more HERE
NDPS
DELHI HIGH COURT | Mere assertions or absence of recovery of narcotics from accused insufficient when nexus with narcotic network prima facie exists
In a petition filed by the petitioner (‘accused’) under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking regular bail for the offences punishable under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) and Section 14 of the Foreigners Act, 1946, Shalinder Kaur, J., stated that mere assertions or absence of recovery from the accused might not suffice when the material on record prima facie disclosed a nexus with a narcotic network. The gravity of the offence, coupled with the organized nature of the criminal activity, justified a more cautious approach in the grant of bail under the NDPS Act. Therefore, the Court stated that the present case was not the fit case where the accused could be granted bail and accordingly, the bail application was dismissed. Read more HERE
POCSO
CALCUTTA HIGH COURT | [POCSO] Alcohol-Fueled attempt to grope breasts not attempted rape
In an appeal seeking suspension of sentence filed by the appellant against his conviction under Section 10 of the POCSO Act and Sections 448, 376(2)(c) and 511 of Penal Code, 1860, a division bench of Arijit Banerjee and Biswaroop Chowdhury, JJ. granted bail to the petitioner, subject to furnishing a bond and two sureties, with the conviction and sentence remaining suspended until the final disposal of the appeal. Read more HERE
KERALA HIGH COURT | Can serious POCSO offences be quashed on settlement between parties? Answered
In two separate criminal cases involving offences under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), which were sought to be quashed on the basis of a settlement between the parties, C. Jayachandran, J. observed that in both instances, the accused had married the victims. Affidavits sworn by the victims, along with statements recorded by the Investigating Officer, indicated that the victims were living a happy married life with their children. The accused persons were adequately caring for the interests of the victims. In one case, the victim had been sent for further studies, while the accused was taking care of their child. The Court opined that these circumstances were highly extenuating and, therefore, the case fell outside the general legal principle that serious sexual offences cannot be quashed solely based on a settlement between the parties. The unique facts of the case warranted a departure from this rule. Read more HERE
MADRAS HIGH COURT | Offence under POCSO Act not against individual but against society; Subsequent marriage between accused and victim does not erase the crime
In a criminal appeal filed by the convict against the judgment of conviction and sentence for offences under Sections 363 and 343 of the Penal Code, 1860 (‘IPC’), and a criminal appeal filed by State to set aside the order of acquittal under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), passed by the Sessions Judge, the Single Judge Bench of P.Velmurugan, J*. concluded that since the victim had not completed 18 years of age at the time of the incident, she was considered a child under the POCSO Act. Therefore, the concept of consent or voluntary elopement had no legal bearing. Thus, the Court held that the offence under Sections 363 and 343 of the IPC was clearly made out. Further, the Court found that the convict had removed the victim from the lawful custody of her parents, and that the two stayed at the homes of the convict’s relatives, during which time they had a physical relationship. Therefore, the Court held that the acts committed by the convict fall squarely within the definition of an offence under Section 3, punishable under Section 4(1) of the POCSO Act. Read more HERE
QUASHMENT OF POCEEDINGS/FIR
ALLAHABAD HIGH COURT | Hathras gang rape & murder case| Criminal proceedings against suspended SHO refused to be quashed
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the entire proceedings, including summoning order for offences under Sections 166-A(b)(c), 167 of the Penal Code, 1860 (‘IPC’) , arising out of first information report under Sections 307, 376D, 302 IPC, and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. (‘SC/ST Act’), the Single Judge Bench of Raj Beer Singh, J. held that the arguments raised by the accused involved disputed questions of fact, which could only be appropriately examined during trial. Even the legal points raised were better suited for adjudication by the Trial Court. The High Court’s jurisdiction under Section 482 CrPC does not extend to evaluating the credibility or reliability of the prosecution’s version at this stage. Accordingly, the Court concluded that no grounds existed to quash the proceedings, and the application under Section 482 CrPC was found to be without merit and was therefore dismissed. Read more HERE
RIGHT TO FAIR AND SPEEDY TRIAL
DELHI HIGH COURT | Crucial for Courts to be conscious of accused’s right to speedy trial, rather than waking up too late and lament that such right is defeated
In a petition filed by the petitioner (‘accused’) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking regular bail in FIR registered under Sections 406/420/467/468/471/120-B/34 of the Penal Code, 1860, Anup Jairam Bhambhani, J., stated that it was crucial for a Court to recognise and be conscious of the right of an accused to speedy trial and to prevent that right from being defeated, rather than wake-up much too late and lament that such right was defeated. Thus, considering the allegations in the subject FIR insofar as they relate to the accused, this Court accordingly persuaded to admit the accused to regular bail, pending trial, subject to certain conditions. Read more HERE
RIGHT TO INFORMATION
DELHI HIGH COURT | CIC directed to determine whether inclusion of name in CBI’s list of ‘Undesirable Contact Men’ falls within exception under S. 24(1) RTI Act; Case remanded to CIC
In a petition filed by the petitioner challenging the order dated 19-12-2017, passed by the Central Information Commission (‘CIC’), dismissing the petitioner’s second appeal under the Right to Information Act, 2005 (‘RTI Act’), Sachin Datta, J., stated that it appeared that the applicability of the proviso to Section 24(1) of the RTI Act on the ground of violation of the petitioner’s human rights, was neither raised by the petitioner before the appellate authority nor examined by the authority while rendering the impugned order. Thus, the Court remanded the matter to the CIC for a fresh determination. The Court directed the CIC to reconsider the matter, specifically considering the aspect of human rights violation/s raised by the petitioner and determining whether the information sought falls within the exception carried out in the proviso to Section 24(1) of the RTI Act. Read more HERE
SERVICE LAW
CHHATTISGARH HIGH COURT | Compassionate appointment is one-time benefit, no betterment of position allowed; reiterated while rejecting post upgradation plea
In a writ petition filed by the petitioner/ Gardener seeking upgradation to the post of Driver, a Single Bench of Rakesh Mohan Pandey, J., rejected the petition, holding that once the petitioner has been appointed, even under protest, to the post of Gardener, the claim for up-gradation to the post of Driver was not legally sustainable since his appointment was compassionate based. Read more HERE
SERVICE TAX
ORISSA HIGH COURT | Services provided to individual by advocate or firm are exempted from levy of service tax; Rs. 2 Lakhs service tax notice, quashed
In a civil writ petition by a practicing advocate against the service tax notice of Rs. 2,14,600/- served upon him, the Division Bench of Chief Justice Harish Tandon and B.P. Routray, J. allowed the petition, and quashed the impugned notices, reiterating that lawyers with their individual practice are exempt from levy of GST and service tax. Read more HERE
UNDERTRIALS RIGHTS
MADRAS HIGH COURT | State directed to grant temporary leave to undertrial prisoners to attend relative’s funeral without requiring interim bail from Court
In a writ petition filed directing the e Superintendent of Prison to grant ten days leave to the detenue now confined at Central Prison, Chennai to attend the detenue’s mother funeral at Valinokkoam, Ramnad District, the division bench of S.M. Subramaniam* and K. Rajasekar, JJ. considering the basic rights of the undertrial prisoner and the deceased person’s right to a dignified burial, the Court issued the following orders. Read more HERE
