Meghalaya High Court
Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court
The Meghalaya High Court has held that the victim of rape expressing forgiveness towards the accused and wishing not to proceed further in the case is not a ground to quash the First Information Report (FIR) against the accused. Justice B. Bhattacharjee further said it is for the Trial Court to decide whether there was a presence of consent based on such forgiveness.The bench was considering...
[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court
The Meghalaya High Court observed that the accused's application under Section 311 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking to recall a witness is justified on the ground that the previous counsel did not examine the witness on necessary facts and that re-examination by the new counsel is crucial for the outcome of the trial.Justice B. Bhattacharjee was deciding a...
[S.145 CrPC] Attachment Order Cannot Be Passed If There Was No Evidence Of Likelihood Of Breach Of Peace: Meghalaya High Court
The Meghalaya High Court has observed that a Magistrate cannot base an attachment order under Section 146 CrPC solely on the inability to determine the possession of the disputed land, if there was no evidence of a likelihood of breach of peace as provided under Section 145 CrPC.The respondent had filed a FIR against the petitioner claiming that petitioner was attempting to forcibly occupy...
After 33 Yrs Of Service, Meghalaya High Court Treats Teacher's Resignation As Voluntary Retirement, Entitling Her To Pensionary Benefits
The Meghalaya High Court has considered the resignation tendered by a teacher as voluntary retirement enabling the teacher to benefit from pension and other entitlements, based on the circumstances of her resignation from the service.Justice H. S. Thangkhiew was considering the claim of the petitioner that she cannot be deprived of her pensionary and other terminal benefits after having...
Claim Of Additional Increment Is Not A Continuing Ground In Service Matters, No Remedy In Case Of Delayed Petition: Meghalaya High Court
The High Court of Meghalaya has held that the claim of additional increment in service matters is not a continuing ground and therefore, in cases of long delay in filing a petition, relief cannot be granted on grounds of delays and laches.The Division bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh were considering the appeal preferred by the appellants/writ petitioners against...
Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012 (POCSO), while deciding on bail, the gravity of the offence needs to be taken into considerationThe accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in June 2023. The Trial before the...
Resolution Applicant Not Bound To Pay Past Dues When No Claim Is Made, Even If Electricity Dues Are Statutory In Character: Meghalaya High Court
The Meghalaya High Court has held that a State authority cannot compel a successful resolution applicant under Insolvency and Bankruptcy Code, 2016 (I&B Code) to pay past electricity dues, if the State authority has not made any claim in respect of its dues under approved resolution plan.The Petitioner-Company, Reliance Infratel was admitted to insolvency and a resolution plan was...
In A Sacred Relationship Husband Is Property Of Wife & Vice-Versa: Meghalaya HC Modifies Conviction Of Husband Accused Of Killing Wife's Paramour
The Court also stated that betrayal in a sacred relationship may lead to such incidents and that by killing the man whom he found his wife with in a compromising position, the accused had 'safeguarded his right over his wife.'
Right Of Appeal Relating To Value Of Service Maintainable Before Supreme Court: Meghalaya High Court
The Meghalaya High Court has held that the right of appeal relating to the value of service is maintainable before the Supreme Court.The bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh has observed that there is an appellate remedy available to the appellant or to the aggrieved party in terms of Section 35G of the Central Excise Act, 1944; the issue pertaining to the value...
Disciplined Force Employees Not Entitled Overstay Over Leave Period Without Reasons: Meghalaya High Court
A single judge bench of the Meghalaya High Court comprising of Justice S. Vaidyanathan, Chief Justice, while deciding Writ Petition in the case of Shri Ashwin Patti vs. Union of India, held that employees of the disciplined forces are not eligible for any relief if they exceed their leave period without providing adequate justification. Background Facts Ashwin Patti (Petitioner)...
Estoppel Against Challenging The Nature Of Employment Once It Duly Accepted: Meghalaya High Court
A single judge bench of the Meghalaya High Court comprising of Justice H.S. Thangkhiew while deciding a Writ Petition in the case of Gurdeep Singh & Ors vs UOI & Ors has held that there is an estoppel against challenging the nature of employment once the employee has duly accepted the same Background Facts A total of 14 Petitioners were part-time cleaners and sweepers...
'Both Victim & Accused Had Lust & Infatuation': Meghalaya HC Upholds POCSO Conviction, Says Male Partner Made Scapegoat
While upholding the conviction of a Man under Section 4 of the Protection of Children from Sexual Offences Act, 2012, the Meghalaya High Court recently observed that while at a young age, both (victim and accused) had lust and infatuation, only the accused was made a scapegoat. Noting that "there is no provision under the POCSO Act to pardon a person who has committed the offence out...