Know Thy Judge| Justice Devendra Kumar Upadhyaya: 47th Chief Justice of Bombay High Court
Justice Devendra Kumar Upadhyaya was appointed as Chief Justice of Bombay High Court on 24-07-2023.
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‘Being a married woman and accustomed to sexual intercourse, she could have protested or resisted’: Orissa HC while setting aside conviction u/s 376(2)(f)
The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.
PCPNDT ACT| Genuine Doctors suffer due to authorities’ non-application of mind and eagerness to act promptly: Gujarat HC upholds discharge order
The duty to maintain register and to keep copy of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules is enshrined on the owner and staff of the hospital not of the visiting doctors.
‘School Leaving Certificate has no independent evidentiary value in proving DOB of Rape victim’: Orissa HC
The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.
Discharge of Sureties |Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself: Orissa HC
The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.
“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC
The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.
Seashore Chit Fund Scam: Orissa High Court rejects Transfer petition of 19 Criminal cases to CBI Court
The Director of Seashore Group of Companies was seeking Transfer of Criminal Cases pending against before various Courts to CBI Court as the CBI Court had clubbed other 22 FIRs pending against him.
Major Discrepancies in Deposition of Victim; Gujarat HC upholds Acquittal of Rape Accused
The Court stated that if at all an offence is committed at a particular time, there cannot be inconsistency in the time of offence in the deposition and the FIR registered by the informant herself.
Orissa HC seeks explanation from Judicial Officer for Sentencing Rape Convict to less than Prescribed punishment
The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.
Gujarat High Court discharges Man from charges of rape by calling it a case of consensual sex and not false promise of marriage
The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.
‘AMPT Road to be in top condition’; Meghalaya HC directs State PWD to undertake complete overhauling
The Court also expressed its concern about the same excuse of rain being given by the State to justify the poor conditions of some of the roads, despite it being well known that Meghalaya is one of the wettest places in the world.
Failure in Verifying Address of Bail Applicant even after Sufficient Opportunities, Orissa HC warns of Contempt Action against Erring Officials
The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.
Fake Mark-Sheets for LLB Admission; Gujarat HC upholds decision of Veer Narmad South Gujarat University cancelling Student’s Result
The Court said that the student could not be permitted to take advantage of his own wrong and fraud.
Orissa HC upholds conviction of a Tantrik for Raping and Trafficking Minor Girl
The Court said that the Trial Court had rightly convicted the appellant under Sections 366, 376(2)(n), 370-A and 506 of the IPC, as it was successfully established by the Prosecution that the victim was a minor and the statement of the victim was clear, cogent, trustworthy.
Himachal Pradesh High Court Dismisses Petition challenging Prescribed Age Limit for appointment of Assistant District Attorneys
The Court said that the State Government was well within its powers to carve out exceptions for a particular category of post, in so far as the prescription of age limit by direct recruitment to a was concerned.
MP Govt mandates 3 years of continuous practice or 70% marks in bachelor’s degree for recruitment in Judicial Service (Civil Judge Entry Level) cadre
On 23-6-2023, the Governor of Madhya Pradesh, in consultation with the High Court of Madhya Pradesh, made amendments in the Madhya Pradesh
Meghalaya HC grants bail to person accused of offence under NDPS Act
The applicant was arrested in connection with the case registered under Section 21(b) and 29 of the NDPS Act.
JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child
The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.
[Uttarakhand Communal Tensions] Paramount duty of State to ensure that law, order and peace is maintained in the State: Uttaranchal HC
The Court directed the State to fulfill its Constitutional Obligation to maintain peace in the State.
Gujarat High Court allows Termination of 20 weeks of Pregnancy of Minor Rape Survivor
Gujarat High Court has directed to undertake the medical termination procedure with all due care and precautions.