'Trees Are A Poem Which Earth Writes Upon Sky': Bombay HC Says Officers Can Be Prosecuted For Illegal Tree Felling Under Maharashtra Trees Act

Emphasising the need to 'strictly' follow the laws protecting trees and observing that 'trees are a poem which the earth writes upon the sky', the Bombay High Court recently held that even an officer, who fails to adhere to the due procedure for permitting felling or cutting of trees, is liable to be prosecuted under the Maharashtra (Urban Areas) Protection and Preservation of Tress Act, 1975.A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande while noting that the Pune...

'Unnatural Behaviour For Victim To Accompany Rapist': Rajasthan High Court Acquits Former Sarpanch In POCSO Case

While setting aside a POCSO conviction against a former Sarpanch, Rajasthan High Court observed that it was highly improbable that once rape was committed upon a minor girl, she would voluntarily accompany the alleged perpetrator to another place. Furthermore, while raising suspicion over the age of the victim, the division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma opined that while a school certificate was relevant, when contradictory material existed in government...

'Savukku Shankar's Claim Of Needing Continued Specialised Medical Treatment Is A Ruse To Escape Law': State Tells Madras High Court

The State of Tamil Nadu has argued that the claims made by Youtuber Journalist Savukku Shankar of requiring continuous specialised medical treatment is only a ruse to escape the clutches of law. Following the directions of Justice P Velmurugan and Justice M Jothiraman, the State had filed its objection to the Medical Board's report regarding Shankar's health status. It may be noted that while refusing to cancel the interim bail granted Shankar, the bench had directed the dean of...

'Mere Phone Call With Accused Does Not Connect Person To Crime': Bombay High Court Grants Bail To Co-Accused In Baba Siddiqui Murder Case

The Bombay High Court has held that mere telephonic contact with a co-accused, without any material indicating knowledge of or participation in the organised crime syndicate or the crime itself, is insufficient to prima facie connect an accused to the offence. The Court observed that at the stage of considering bail under the stringent provisions of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), a bare allegation of having made calls, unaccompanied by evidence of conspiracy,...

Intentional Judicial Decision Cannot Be Altered As 'Clerical Error' U/S 151 & 152 CPC; Remedy Lies In Appeal Or Review: Kerala High Court

The Kerala High Court has held that an intentional adjudicatory decision cannot be corrected under the guise of “clerical error” or “inherent powers” under Section 151 or 152 of Code of Civil Procedure, 1908 and must be challenged only through appellate or review mechanisms.The division bench comprising Justice Sathish Ninan and Justice P Krishna Kumar were delivering a judgment in a civil revision petition arising out of a partition suit. The revision petition was filed against the order of a...

Kerala High Court Orders Vigilance Enquiry Into Alleged Gold Misappropriation During 2017 Flag Mast Installation At Sabarimala

The Kerala High Court on Monday (February 9) directed the Director, Vigilance and Anti-Corruption Bureau to constitute a team of competent officers to conduct an enquiry into the alleged misappropriation of gold and cash in connection with the installation of a new Temple Flag Mast in 2017.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering the suo motu petition initiated for court-monitored investigation into the high-profile case relating to...

Civil Dispute Over Title Cannot Shield Allegations Of Forgery; Criminal Probe Must Continue: Calcutta High Court Refuses To Quash FIR

The Calcutta High Court has held that the mere pendency or dismissal of civil proceedings over property title does not bar criminal prosecution where serious allegations of forgery, fabrication of public records, and conspiracy are disclosed. Refusing to quash an FIR alleging use of a forged 1963 sale deed to grab land and secure bank loans, the Court observed that questions relating to genuineness of documents and criminal intent must be investigated and cannot be short-circuited under Section...

Unmarried Women Entitled To Abortion Upto 24 Weeks, Ensure No One Has To Approach Court: Bombay High Court Orders Wide Circulation Of SC Order

The Bombay High Court recently ordered the Maharashtra Government to give wide publicity to the landmark judgment of the Supreme Court in X vs Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi to ensure that no woman, particularly an unmarried woman, is forced to continue with an 'unwanted' pregnancy.Notably, in the judgment quoted above, delivered by the Supreme Court on September 29, 2022, the apex court had held unmarried women are also entitled to...

Delhi High Court Orders Round-The-Clock Security For Lawyer Allegedly Beaten Up Inside Tis Hazari Court Room, Calls For Report

The Delhi High Court on Monday (February 9) directed the Police to provide round-the-clock security to a lawyer who has alleged that he was beaten up inside a court room in Tis Hazari courts in front of the presiding judge last week. For context, a lawyer had mentioned the incident before the Chief Justice of India earlier today, stating that he was beaten up in a courtroom in Tis Hazari Courts last Saturday. CJI Surya Kant had asked the lawyer to make a written complaint to the Delhi High...

Last Seen Theory Alone Insufficient, Extra-Judicial Confession Before Police Weak: Calcutta High Court Acquits Man In Wife's Murder Case

Observing that suspicion, however strong, cannot substitute proof beyond reasonable doubt, the Calcutta High Court has set aside the conviction of a man accused of murdering his wife, holding that the prosecution failed to establish a complete and reliable chain of circumstantial evidence. The Court ruled that the “last seen together” theory by itself is a weak piece of evidence and cannot form the sole basis of conviction, particularly where there are gaps in the timeline and lack of...

'Jana Nayagan' Movie Producer Decides To Withdraw Case In Madras High Court Against CBFC

The producers of Vijay starrer Jana Nayagan movie have submitted a letter to the Madras High Court registry informing their interest to withdraw the petition in connection the CBFC certification issue.The letter, sent by the counsel on record Vijayan Subramaniam on behalf of KVN Production states that the producers have decided to go ahead with the review of the movie and hence do not wish to pursue the litigation before the court.The matter is expected to be listed before Justice PT Asha...

'Respected Cultural Organisation Maligned': Allahabad High Court Quashes Extortion Case, Slams 'Misuse' Of RSS Membership By Informant

The Allahabad High Court (Lucknow Bench) today quashed criminal proceedings against the office bearers of a Resident Welfare Association (RWA) of a Lucknow-based society, initiated at the instance of a person claiming to be a member of the Rashtriya Swayamsevak Sangh (RSS). A bench of Justice Pankaj Bhatia observed that a “highly disciplined and respected cultural organisation like...