Meghalaya High Court Quashes POCSO Case Against Man After Finding Survivor's Consent Informed, Notes Couple Is Married With Two Children

The Meghalaya High Court has quashed a POCSO case against a man after taking into consideration that the survivor had entered into a relationship with him, subsequently married him, and was living with him along with their two children.The Court observed that continuing the criminal proceedings would serve no purpose, particularly when the survivor had given informed consent for quashing the...

Meghalaya High Court Quashes POCSO Case After Informed-Consent Review Of Survivor Living With Accused And Their 2 Children

The Meghalaya High Court has quashed POCSO proceedings against a 24-year-old man after the survivor, now aged 19, and her mother expressed no objection to the quashing of the case, observing that the parties were living together as husband and wife with their two children. The Court, after examining the survivor's informed and voluntary consent through the report of the Secretary, High...

Meghalaya High Court Gives State 4 Months To Process Terminal Benefits For Widow Of Employee Who Died Without Receiving Dues

The Meghalaya High Court has directed the State Government to process the release of terminal benefits to the widow of a deceased Public Health Engineering Department employee, who died in 2020 without receiving his retirement dues. The Court observed that although the employee's superannuation on January 31, 2016, had been acknowledged by the State, there was no material to establish that...

Meghalaya High Court Quashes POCSO Case Against Man, Cites Survivor's No-Objection As They Live Together With Their 6-Year-Old Son

The Meghalaya High Court has quashed a POCSO case registered against a 25-year-old man after finding that the 22-year-old survivor had given her informed consent to quashing the proceedings and was voluntarily living with him along with their six-year-old son. The Court observed that in exceptional cases involving consensual adolescent relationships resulting in marriage or cohabitation...

Voluntary Discharge From Service Entails Forfeiture Of Past Service, Pension Benefit Cannot Be Invoked: Meghalaya High Court

The Meghalaya High Court has dismissed a pension claim filed by a former Assam Rifles Rifleman who was discharged from service on his own request after rendering over 13 years of service, holding that voluntary resignation entails forfeiture of past service under Rule 26(1) of the Central Civil Services (Pension) Rules, 1972. The Court clarified that an employee cannot invoke Rule 49(2),...

Meghalaya High Court Rejects Third Bail Plea Of Bangladeshi Nationals Prosecuted Under Foreigners Act Over Alleged Illegal Stay In India

The Meghalaya High Court has rejected the third bail applications filed by two Bangladeshi nationals accused in a case involving alleged offences under the Bharatiya Nyaya Sanhita, 2023, the Arms Act, 1959, the Foreigners Act, 1946, and the Explosive Substances Act, 1908, noting that only one prosecution witness remained to be examined.Justice W. Diengdoh remarked that: “This Court is also...

Meghalaya High Court Quashes POCSO Case Against Man Living With Survivor, Directs Authorities To Ensure Welfare Benefits For Her And Child

The Meghalaya High Court has quashed a POCSO case against a man who was living with the survivor as husband and wife and had a child with her, after noting that the survivor, who had attained majority, did not object to quashing the proceedings. The Court considered the police verification report and the report of the Secretary, High Court Legal Services Committee, before allowing the...

State Can't Interpret Church Constitution To Decide Which Faction Has Religious Authority: Meghalaya High Court

The Meghalaya High Court has held that the State, through Deputy Commissioner, cannot determine ecclesiastical jurisdiction or regulate religious functions by interpreting the internal Constitution of a religious denomination.Justice H.S. Thangkhiew observed, “The existence of a dispute between two groups cannot, by itself, confer unlimited jurisdiction upon the executive authority to...

Meghalaya High Court Quashes POCSO Case Against Man Living With Survivor As Husband Since 2017

The Meghalaya High Court has quashed a POCSO case involving a couple living together as husband and wife since 2017, after considering the survivor's informed consent, the police verification report and the circumstances of their family.Chief Justice Revati Mohite Dere, referring to the Court's earlier ruling in Shri Shalenbor Wahlang v. State of Meghalaya, observed that the survivor and...

Meghalaya High Court Drops Contempt Proceedings Against Advocates After Unconditional Apology Over Court Boycott

The Meghalaya High Court on Wednesday (October 14) closed a suo motu contempt petition registered with regard to the call for abstention of judicial work given by the Shillong Bar Association and the High Court of Meghalaya Bar Association to all districts, after the Advocates have tendered unconditional apology and assured that they will not participate in any such abstention calls in...

Lawyers' Strike To Seek Removal Of Advocate General 'Completely Illegal': Meghalaya High Court Issues Contempt Notices

Courts cannot be used by lawyers to achieve their objective, it held.

Meghalaya High Court Expresses Displeasure Over Amicus' Non-Appearance Amid Lawyers' Strike; Says Their Loyalty Is To Justice, Not To Bar Body

The Meghalaya High Court recently expressed its displeasure that the lawyer appointed as an Amicus Curiae in an ongoing suo-motu PIL did not appear before the court on the date fixed due to strike called by advocates seeking removal of Advocate General for Meghalaya.The division bench comprising the Chief Justice Revati Mohite Dere and Justice W. Diengdoh in its order noted:“Amicus is...