High Courts
'Impossible To Anaesthetise Woman Against Her Will': Allahabad HC Grants Bail In Rape Case Citing Modi's 'Medical Jurisprudence'
Relying on Modi's Medical Jurisprudence & Toxicology, Twenty-Second Edition (Student Edition), the Allahabad High Court recently granted bail to a man who has been accused of raping a woman after allegedly making her unconscious with the use of chloroform. A bench of Justice Krishan Pahal noted that as per Modi's Medical Jurisprudence & Toxicology, it is impossible to anaesthetise...
Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her.The bench of Justice Rajendra Prakash Soni thus refused anticipatory bail to a POCSO accused on the alleged ground of false implication. It said,“On perusal of the record and upon consideration of the submissions,...
Vitiated Enquiry ; Patna High Court Allows Writ Petition By Employee, Orders To Grant All Benefits Due.
A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha, while deciding a writ application held that departmental proceedings for an order of dismissal from service can only be initiated with the approval of the state government.Background Facts An employee filed a writ application for reinstatement, which was allowed by an order dated 23.09.2010 without...
Income Tax Dept's Appeal Against Inadequate Sentence Lies Before Sessions Court: Karnataka High Court
The Karnataka High Court has dismissed the appeals preferred by the Income Tax Department under Section 377 of Cr.P.C.The bench of Justice Shivashankar Amarannavar has observed that on a reading of Section 418 of the Bhartiya Nyayik Suraksha Sahita (BNSS), it is in pari materia with Section 377 of Cr.P.C. Even under the BNSS, no provision has been introduced for filing an appeal before the...
District Inspector Of Schools Has No Authority To Interfere With Seniority List Issued By Management Of Any Institution: Allahabad HC
The Allahabad High Court has held that there is no statutory provision in the U.P. Intermediate Education Act or elsewhere empowering the District Inspector of Schools to interfere with the seniority list issued by the Committee of Management of any institution.A bench of Justice Ajit Kumar held,“the District Inspector of Schools has no authority under provisions of the regulations framed...
Settlement Arising From Contract Containing Arbitration Clause Must Be Resolved Through Arbitration: Karnataka High Court
The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that the right to enforce the settlement has to be through arbitration as the alleged settlement is in respect of a transaction arising from the contract which contained an arbitration clause. Brief Facts: M/s S P Sai Technologies (Respondent) filed a suit for recovery of...
Formal Contract Signature Not Required To Enforce Arbitration Clause If Parties Are Ad Idem: Madras High Court
The Madras High Court division bench of Justice Krishnan Ramasamy has held that if it is proved that if it is established that the parties are ad idem, a formal contract signature by the other party is not necessary to enforce the arbitration agreement. Further, the bench held that by acting upon the Purchase Orders, the party implicitly accepted the terms, including the...
Co-operative Court Has Jurisdiction Over Property Recovery Disputes U/S 91 Maharashtra Cooperative Societies Act: Bombay High Court
The Bombay High Court held that a Co-operative Court has jurisdiction to adjudicate disputes involving co-operative societies' seeking recovery of property and mesne profits, under Section 91 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act). The Court stated that such disputes fall under the category of 'management of the Society' and therefore come within the scope of...
Supreme Court Collegium Recommends Appointment Of Two Lawyers As Chhattisgarh HC Judges
The Supreme Court Collegium on Tuesday recommended the names of two advocates to be appointed judges of the Chhattisgarh High Court.The Collegium comprising the Chief Justice of India (CJI) DY Chandrachud, Justice Sanjiv Khanna and Justice BR Gavai recommended the following names for judgeship,1.Advocate Bibhu Datta Guru.2. Advocate Amitendra Kishore Prasad @ AK Prasad.Click here to read...
Kerala High Court Grants Bail To 22-Yr-Old Woman Accused In Kollam Child Kidnapping Case
The Kerala High Court has allowed the bail application of Anupama, a 22-year-old daughter of the family who was allegedly involved in kidnapping a six-year-old minor female child in Kollam district.The kidnapping of the minor girl for ransom on November 2023 shocked the entire State, with Anupama being named as the third accused in the case. Her parents were arrayed as the first and...
Tax Invoice Scam & Fake Timber Sale Worth ₹20 Crore: Uttarakhand HC Upholds Bail Cancellation Of Accused Who Allegedly Operated Fictitious Firms
The Uttarakhand High Court has upheld the trial court's order cancelling bail to Mohd. Shahnawaz, the main accused who orchestrated the fake supply of timber and tax evasion scam, which cost the state exchequer over Rs 20 Crores.The single-judge bench of Justice Rakesh Thapliyal refused to allow the S.482 CrPC application preferred by the applicant/accused against the cancellation of the...
Encroachment Of Toll Plazas | Protestors Must Abide By Law, Shouldn't Traverse Others' Rights In Anxiety To Prove A Point: P&H High Court
The Punjab & Haryana High Court has said that protestors should not cross their rights in anxiety to put their point, in a plea filed by NHAI ( National Highway Authority of India) seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab, against the alleged forceful stoppage of toll plazas and illegal operation of the same by the protestors....