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“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”
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Covering all the important human and civil rights cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in human and civil rights and links to other roundups.
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“As per Section 87, RP Act, any provision of CPC that is inconsistent with Section 82, RP Act, which specifies the persons to be impleaded in an election petition, cannot be invoked to implead a person who is otherwise not liable to be joined as a respondent under Section 82, RP Act.”
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The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
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“Since there were contrary claims raised by the parties, unless the respondents established their title through competent civil court, they were not entitled to pass the eviction order exercising the powers conferred under the 1971 Act, which was summary in nature, thereby rendering the same without jurisdiction.”
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It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
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The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
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“The husband’s girlfriend was neither related to him by blood, marriage or adoption, nor was she residing in the matrimonial home or subjected the wife to harassment or intimidation. The continuation of the criminal proceedings in the case would amount to abuse of the process of law and defeat the ends of justice.”
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“Prima facie, the State Government had acted based on the liberty granted by the Coordinate Bench, since the earlier Government Orders had failed due to lack of proper gazette notification. However, the State Government had acted bona fide based on the earlier judicial pronouncement.”
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Kerala HC, in suo motu proceedings on complaint regarding Kodungallur Temple, directs comprehensive scheme for sanitation, drinking water, and devotee management across all temples under Board control
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“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”
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“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
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“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”
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“Offences such as criminal trespass and house trespass are offences against possession and not against ownership. Therefore, even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offence.”
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“After the mother’s death due to a fatal illness, the minor continued to reside in India with his father and repeated applications were submitted to the authorities seeking extension of the child’s stay and grant of Indian citizenship on compassionate grounds. However, neither was the minor declared an Indian citizen nor was his visa extended.”
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“The informant and his brother were allegedly abused and assaulted by the accused persons, but the allegations were denied, and documents were tendered in evidence claiming that the witnesses were the informant’s relatives, and they made false statements against them because of a land dispute. Himachal Pradesh High Court declined to interfere with the trial court’s order of acquittal finding no perversity therein.”
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“The bottom line of the Shoe-Shine Licence Policy, 2018 is to generate employment opportunities for persons belonging to the lower strata of society, which may include members of the Scheduled Castes and Scheduled Tribes, not merely on the basis of their caste, but because they belonged to lower strata of society.”
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“Serving a copy of the complaint and other relevant documents is mandatory under Rule 7, POSH Rules, and the failure to do so constitutes violation of the principles of natural justice.”
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“The petitioner objected to the web series ‘Anali’ scheduled for release on JioHotstar, believing that the content was substantially inspired from incidents connected to Koodathayi murders for which she was lodged in prison. The series would malign her, create prejudice in public opinion, and adversely affect prospects related to her conviction.”
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“Even to decide whether offences under the SC/ST Act are attracted, the courts cannot proceed unilaterally without issuing notice under Section 15-A(3). The Special Judge thoughtlessly granted bail in a case of mob lynching without ensuring a mandatory hearing to the victim’s dependent, which amounted to a serious lapse.”
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