“Prosecutrix Step By Step Made Improvements In Her Version”: HP High Court Upholds Acquittal In Rape And Criminal Intimidation Case

Himachal Pradesh High Court upheld acquittal of an accused in rape and criminal intimidation case, holding that that the testimony of the prosecutrix did not inspire confidence, as it was full of material contradictions and made improvements at every stage of the proceedings.The Court further remarked that the prosecutrix exaggerated her version over time, which made it impossible to rely on...

TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict To Conduct Funeral Rites Of Cousin

The Kerala High Court on Tuesday (December 30) refused to grant emergency leave to Jyothi Babu, one of the convicts in the T.P. Chandrasekharan murder case, to conduct the funeral rites of his cousin.T.P. Chandrasekharan, leader of the Revolutionary Marxist Party (RMP), was murdered due to political rivalry on May 4, 2012. Babu was convicted of the murder and is presently undergoing life imprisonment in Central Prison and Correctional Home, Kannur.Following his cousin's recent demise, Babu's...

Grant Of Age Relaxation To Meritorious Women Candidates Does Not Debar Them From Competing In Open Category: MP High Court

The Madhya Pradesh High Court has held that granting age relaxation to women candidates, if meritorious, does not disqualify them from competing for the open unreserved category post. The bench of Justice Deepak Khot, while directing the authorities to consider the petitioner's appointment her Eye Assistant (Ministerial), emphasised that a candidate applying for a reservation vertically...

Trespass Of Police Stations Covered U/S 442 IPC Since They Are Used For Safekeeping Of Official Records, Weapons: Kerala High Court

The Kerala High Court, in a recent judgment, held that a police station would fall under the definition of 'house' as per Section 442 of the Indian Penal Code as these are used to custody of property, including official records, arms and ammunitions, etc.Justice Bechu Kurian Thomas observed:“Section 2(s) of Cr.P.C defines a police station as “any post or place declared generally, or...

Violation Of Article 16: J&K&L High Court Strikes Down Residence-Based Reservation

The Jammu and Kashmir and Ladakh High Court has declared unconstitutional a clause in a High Court recruitment advertisement that restricted eligibility for district cadre posts on the basis of residence.The Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar remarked,“where the selection process has been conducted as per the rules or stipulations in the...

Ambaji Temple Is Public Property, Can't Curtail Pilgrims' Rights: Gujarat High Court Rejects Royal Family's Claim To Perform Special Rituals

The Gujarat High Court dismissed the claim of heirs of the erstwhile Danta royal family for "special privileges" to perform rituals at Ambaji Temple on the eight day of Navratri and in a certain way, thereby "curtailing" right of the pilgrims to offer prayers which it said cannot be allowed as the temple was a public religious institution. For context, there were multiple proceedings with...

Special Honours At Temple Cannot Be Claimed As Absolute Right, First Honour Always To Deity: Madras High Court

The Madras High Court recently held that special honours in a temple cannot be claimed as an absolute right and that the first honour in the temple was always to the deity. The court thus dismissed the plea of an ashramam that sought first special honour for its head at the Sri Devaraja Swamy Temple in Kanchipuram. The bench of Justice SM Subramaniam and Justice C Kumarappan noted...

Kerala High Court Seeks State's Stand In Plea For Change Of Prosecutor Who Allegedly Forced Complainant To Settle Criminal Case

The Kerala High Court on Friday (December 27) sought the State's stand in a plea moved by a de-facto complainant seeking change of the Special Public Prosecutor, who allegedly forced her to settle a criminal case with the accused.According to the plea, the petitioner is the complainant in a crime registered by the Sasthamcottah Police State for the offences under Sections 341(wrongful...

No Rational Nexus In Restricting Hospital Sanitation Tenders To Those With In-State Experience: Himachal Pradesh High Court

The Himachal Pradesh High Court passed directions in a case which challenges Clause F(c) in the Notices Inviting Tenders issued by the Health & Family Welfare Department.For reference: “Clause F(c) prescribes that only firms with prior experience of hospital sanitation within the State of Himachal Pradesh shall be eligible to tender for sanitation services in public...

Appointment Of Candidate Who Deliberately Enters Higher Marks In Form To Gain Undue Advantage Is Fundamentally Illegal: Allahabad High Court

The Allahabad High Court has held that appointment of a candidate who deliberately enters higher marks in application form for recruitment, to gain undue advantage in selection process is fundamentally illegal. It held that such candidate cannot seek the benefit of estoppel as the appointment is tainted from the beginning.Justice Manju Rani Chauhan held, “where a candidate deliberately...

Bombay High Court Quashes ₹1.26 Crore Arbitral Award Over Unilateral Appointment Of Arbitrator

The Bombay High Court recently set aside a ₹1.26 crore arbitral award made in favor of Madhuban Motors Pvt. Ltd. on the grounds that the lender unilaterally appointed the sole arbitrator, violating Section 12(5) of the Arbitration and Conciliation Act, 1996. Ruling that participation in arbitral proceedings cannot remedy an ineligible appointment, the Bench comprising of Justice Sandeep...

'Deceased Was Murdered By Someone Else': Allahabad High Court Acquits Murder Accused 38 Years After Life Imprisonment Sentence

Recently, the Allahabad High Court has acquitted 3 accused of murder and serving life imprisonment on grounds that the murder was a blind murder and was carried out by someone else. The Court held that there were major contradictions in ocular and medical evidence and the prosecution failed to prove its case beyond reasonable doubt.While acquitting the 3 accused, the bench of Justice J.J....