Kerala HC grants bail to Boby Chemmanur in sexual harassment case, citing bail is rule & jail is exception; warns against body shaming
“Everybody should be vigilant while making comments about others, whether they are men or women.”
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“Everybody should be vigilant while making comments about others, whether they are men or women.”
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The One-Man Committee constituted to study the new criminal laws and make recommendations is chaired by Retired Justice M. Sathyanarayanan.
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Justice Upadhyaya was elevated as the Chief Justice of Bombay High Court on 29-07-2023. On 07-01-2025, the Supreme Court collegium recommended to transfer him as Chief Justice of Delhi High Court.
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“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”
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“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”
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The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.
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“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”
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A quick legal roundup to cover important stories from all High Courts this week.
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“A valuable right of assessee is clearly involved in the matter, when he objected to jurisdiction of the assessing officer and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.”
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“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”
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“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”
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“The process of law would take its own course through the trial”
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In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.
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From the High Court’s clarification of the definition of “court” under the Arbitration Act to the Supreme Court’s recommendation for Parliament to introduce an amendment defining a specific limitation period for the appointment of arbitrators, several key rulings have shaped the arbitration landscape. This piece highlights the notable arbitration cases of 2024.
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The Mukhyamantri-Majhi Ladki Bahin Yojana scheme was launched by the Women and Child Development Department, Government of Maharashtra for providing financial assistance of Rs 1,500 per month to women between the ages of 21 to 65 years.
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From Arvind Kejriwal’s bail to Atul Subhash case, cruelty to money laundering, maintenance to drugs, this legal round up will act as a quick summary of all the important criminal law cases of 2024.
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“The claims made by the Manoj Manchu not only have the effect of tarnishing the credibility of Vinay Maheshwari as a respectable member of society but may further encourage the other individuals and media platforms to spread the defamatory content further. It may lead to widespread public dissemination and lasting damage to his image.”
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“It is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy”.
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“The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case”.
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“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”
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