academy Icon academy Icon lawbiz Icon
Subscribe Premium

 Tripura High Court

Can’t Use Article 226 As An Arm Twisting Technique, It Is Abuse Of The Process Of Law: Tripura High Court

The Tripura High Court has held that the prosecution's failure to establish penetrative sexual assault warrants modification of a conviction under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Observing that the evidence established physical contact with sexual intent without penetration, the Court converted the conviction to an offence under Section 7 of the POCSO Act, punishable under Section 8, and reduced the accused's sentence from 20 years to five years of...

Non-Production Of Malkhana Register Alone Cannot Vitiate NDPS Conviction: Tripura High Court Upholds 10-Year Jail Term In 987 Kg Ganja Case

The Tripura High Court has held that mere non-production of the Malkhana register before the trial court cannot be a ground to discard a prosecution case under the NDPS Act, 1985, when the identity, integrity and safe custody of the seized contraband are otherwise established. The Court observed that in the absence of any material indicating tampering, substitution or a break in the chain...

Tripura High Court Directs NIT Agartala To Pay Over ₹85 Lakh Towards Pension, Leave Salary And Gratuity To Former Employee

The Tripura High Court has directed the National Institute of Technology (NIT), Agartala, to pay over ₹85 lakh towards pro-rata pension contribution, leave salary contribution and gratuity to a former employee, holding that the Institute could not deny him service benefits contrary to its own memorandums recognising his past service.Justice Biswajit Palit remarked that: “Whatever benefit...

Tripura High Court Upholds Rash Driving Conviction Of Man Who Hit Cops Vehicle, Reduces Jail Term To ₹8K Fine

The Tripura High Court has modified the sentence of a man convicted for rash and negligent driving, replacing his imprisonment with a fine of ₹8,000 after considering that he was a first-time offender. The Court observed that in the absence of any previous criminal conduct on record, a lenient view could be taken in respect of the punishment, while maintaining his conviction under the...

Tripura High Court Sets Aside Family Court Order Denying Interim Maintenance To Wife, Says Court Must Protect Deserted Women

The Tripura High Court has set aside a Family Court order rejecting a wife's plea for interim maintenance, observing that the trial court failed to appreciate the purpose and object of maintenance provisions intended to protect deserted and distressed women. The Court held that the Family Court had incorrectly concluded, without recording evidence, that the wife had voluntarily left...

CCS Rules | Disciplinary Authority Cannot Circumvent Rule 15(2) By Ordering Further Inquiry Under Rule 15(1): Tripura High Court

The Tripura High Court has dismissed the State Government's appeal against an order quashing its decision to initiate a further inquiry against a government employee who had been exonerated of all charges in the original departmental inquiry. The Division Bench held that the disciplinary authority could not bypass the procedure prescribed under Rule 15(2) of the Central Civil...

Tripura High Court Upholds Husbands Life Term For Wifes Murder, Cites Cruelty Over Money Demands And Failure To Explain Death

The Tripura High Court has upheld the life sentence imposed on a husband for murdering his wife by manual strangulation, observing that the prosecution had established an unbroken chain of circumstantial evidence proving his guilt beyond reasonable doubt. The Court observed that the deceased had been repeatedly subjected to cruelty over demands for money and that the husband failed to...

Pending Departmental Inquiry Bars Promotion Despite Quashing Of Earlier Penalty: Tripura High Court

The Tripura High Court has held that a pending departmental proceeding can prevent an employee from being granted promotion, even after an earlier penalty imposed on him has been quashed. Dismissing a police inspector's plea for retrospective promotion to the post of Tripura Police Service (TPS) GradeII, the Court observed that no order granting promotion could be passed until the...

High Court Slams Tripura University For Exploiting Contractual Lecturer For Years, Orders Regularisation

The Tripura High Court has directed Tripura University to reinstate and regularise a contractual employee as Assistant Placement Officer with effect from February 2, 2016, holding that her nearly 15 years of service could not be disregarded merely because her initial appointment was contractual.A Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit observed,...

Tripura High Court Refuses To Quash FIR Against Former CM Manik Sarkar Over Allegedly Provocative Speech

The Tripura High Court has refused to quash an FIR registered against former Chief Minister Manik Sarkar over an allegedly provocative political speech, observing that the allegations require further investigation. The Court held that investigation was necessary to determine whether the alleged remarks attracted offences under Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita,...

Legal Heirs Of Korfa Cultivator Cannot Claim Compensation Decades After Cultivation Ceased: Tripura High Court

The Tripura High Court has held that legal heirs of a 'Korfa' or under-raiyat cannot claim a share in land acquisition compensation merely on the basis of old revenue records when there is no evidence that they continued cultivation or possessed a subsisting tenancy right on the date of acquisition.Justice Dr. T. Amarnath Goud remarked that: “The petitioner/legal heirs cannot enter into...