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the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.
Police entered a woman’s bedroom without a woman constable, seized her mobile phone without a seizure panchnama, and recorded no grounds in the case diary. Bombay HC holds both the search under Section 185 and the seizure under Section 105 of the BNSS violated mandatory procedure and Article 21 of the Constitution.
The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.
“The transaction pertained exclusively to transfer of benefits arising out of immovable property and had no nexus with the business of the petitioner company.”
“Offences under the PC Act require strict proof of twin elements of demand and acceptance and mere recovery of tainted currency or existence of electronic recordings, without reliable proof of demand, is insufficient to convict unless accompanied by credible proof of demand.”
The accused is a prime suspect in a murder case, as he had previously harassed the deceased. However, the Court opined that he cannot be convicted based on the feelings of the deceased’s parents, when not a shred of evidence can be found which connects the accused with the crime.
“Providing a specific reservation in form of 3% seats is totally unacceptable as it is not provided by the law, as contemplated under Article 15(5) and introducing the reservation for this category which creates sub-classification, which has no nexus with the object of offering medical education but on merit is violative of Article 14 of the Constitution.”
The Court was sympathetic to the difficulty cast on the petitioner on account of restricted movement due to hostile weather and old age, but the Court did not understand as to what precluded his counsel from acting on his behalf.
Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.
Once it is found that the original order is passed by the Competent Authority without giving any opportunity of hearing to the petitioner, the same is liable to be set aside as having been passed in violation of the principles of natural justice.
“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”