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“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
“The process of law would take its own course through the trial”
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.
“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”.
“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.”
“According to us, only for the purpose of arrest of absconding accused, continuous monitoring of the further investigation by this Court under Article 226 of the Constitution of India is not necessary.”
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
The matter was remanded to the Special Judicial Magistrate for a fresh decision regarding the applications preferred by Ram Rahim and the doctor in view of the present Order.
“It is a well-accepted principle that bail is the rule and jail is the exception.”
“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.
“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
A quick legal roundup to cover important stories from all High Courts this week.
The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.