HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Chhattisgarh High Court
Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused
The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.
HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on West Bengal Post Poll Violence; Delhi Riots 2020; Delhi Excise Policy; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Sorry state of affairs’: Chhattisgarh HC directs Health Secretary to stop circulation of video of a woman delivering baby on the floor in Sub-Health Centre
The Court stated that when the State Government had incurred huge amount of money for providing medical facilities to the public residing in remotest part of the State, and the authorities responsible were absent and missing when they were needed the most, the State ought to take some stringent measures.
Chhattisgarh High Court takes suo moto cognizance of alarming rate of road accidents; asks State to show compliance report on Supreme Court’s directions in S. Rajaseekaran (II) case
The Court acted in response to the various newspapers reporting of the alarming condition of traffic on the streets/roads and especially in Highways of the State, owing to over speeding, roaming of stray cattle on the roads, non-maintenance of the roads, poor lighting, absence of proper signage, absence of reflectors, lack of patrolling by the authorities, disorderly parking of trucks and vehicles on the roads, driving of vehicles after consuming alcohol, etc.
‘Failed to comply with Section 15 of Juvenile Justice Act, 2015’: Chhattisgarh HC sets aside the order directing juvenile to be tried as an adult for murder of his parents
The Court opined that there was no detailed report of the assessment made, no document was enclosed along with the report of conducting assessment, procedure adopted, factors assessed, mode of assessment, evaluation of child based on the stages of assessment.
‘Live in relationship still continues as a stigma in the Indian culture’: Chhattisgarh HC upholds dismissal of father’s application seeking child custody
“It is very easy for the married man to walk out of the live in relationship and in such case the court cannot shut their eyes to the vulnerable condition of the survivor of such distressful live in relationship and children born out of such relationship.”
Chhattisgarh HC registers suo motu PIL based on news report highlighting lack of sufficient staff and experts at Cyber Police Stations
The Court opined that it is highly disturbing and a matter of great concern that the people are being misled, allured and deceived by the persons using digital technology and electronic devices which come under the category of cybercrime.
Supreme Court Collegium recommends appointment of a Permanent Judge and extension of term for 3 Additional Judges
The Collegium on 24-04-2024 recommended the appointment of 1 Permanent Judge and extension of term of 2 Additional Judges for Chhattisgarh High Court and extension of term of 1 Additional Judge for the High Court of Jammu & Kashmir and Ladakh.
‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter
“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”
Chhattisgarh HC directs Advocate General to seek information about non-payment of compensation to victims’ parents/victims of sexual offences
The report states that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim, till date.
‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother
“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”
Know Thy Judge | Justice Manindra Mohan Shrivastava, the 42nd Chief Justice of Rajasthan High Court
Justice M.M. Shrivastava was appointed by the President as new Chief Justice of the Rajasthan High Court on 02-02-2024 and took charge of his new office on 06-02-2024.
Unsuccessful candidates cannot turn around and question selection method/eligibility qualification of examination: Chhattisgarh HC
“The petitioners took a calculated chance to get a berth in the said recruitment but finding that they are not selected, they decided to file writ questioning the Rule that it is not in accordance with law.”
‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State
“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”
Chhattisgarh HC directs to conduct DNA profiling test of a doctor accused of rape u/s Section 376(2)(n) of IPC
“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”
Free Issue Material and Valuation under Tax: A Never Ending Dispute
by Asish Philip Abraham* and Apeksha Bansal**
Cite as: 2024 SCC OnLine Blog Exp 21
Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC
“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”
No conviction for causing miscarriage if there is no expulsion of embryo or foetus from the mother’s womb: Chhattisgarh HC
“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”
Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court
“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”