Governor Can’t Suspend PSC Member Before President Refers Matter To SC: Karnataka HC [Read Judgment]

The Karnataka High Court has held that the power of suspension under Article 317(2) can be exercised by the Governor only after the President has referred the matter to the Supreme Court.A bench of Chief Justice Subhro Kamal Mukherjee and Justice Budihal RB said such power cannot be exercised at the Governor’s absolute discretion, but only after receiving the aid and advice of the Council...

Rape Of Daughter And Murder Of New Born Child Of It : MP HC Commutes Death Penalty To Life Imprisonment [Read Judgment]

The Madhya Pradesh High Court has commuted the death penalty to life imprisonment of a man convicted for raping his daughter and killing the new born baby girl that was aborted by giving medicine.The court ordered the convict “must serve a minimum of 30 years in the jail without remission, before consideration of his case for premature release”.The prosecution story goes the convict and...

“Today Is Women’s Day, At Least From This Day Onward, State Must Do Something Constructive For Victims": Bombay HC

Govt Compensation To Victims Of Sexual Assault, Acid Attacks Shameful: Bombay High Court.“Today is Women’s Day, At least from this day onward, State must do something constructive for Victims".These were the words used by Chief Justice Manjula Chellur while hearing a petition filed by the mother of a 14-year-old rape victim. The victim was granted Rs. 2-lakh compensation by the state...

Not Proper To Quash Criminal Case When Trial Is Almost Over: Delhi HC [Read Order]

No plausible explanation has been offered by the petitioner as to why the matter was not settled at the earlier stages, the court observed.The Delhi High Court has refused to quash a criminal case, the trial of which is at its fag end.Justice SP Garg rejected a petition seeking quashing of the criminal case on the ground of settlement between the parties, asking the accused to “wait for...

Tibetans Born In India Between 1950 And 1987 Are Indian Citizens: Meghalaya HC [Read Judgment]

The High Court of Meghalaya recently held that Tibetan refugees born in Shillong or elsewhere in the country after January 26, 1950, and before July 1, 1987, as per the Citizenship Act, 1955, will be considered as Indian citizens. It, therefore, held that they are accordingly entitled to all benefits and privileges available to the Indian citizens.“Having given thoughtful consideration to...

Bombay HC Dismisses Colour-Blind Student’s Plea Against FTII’s Denial Of Admission [Read Judgment]

The Bombay High Court has refused to grant relief to a student, who was shortlisted for admission to a PG diploma course in editing at Film and Television Institute of India (FTII), but was later denied admission after his medical test showed that he suffered from “colour blindness”.The student then filed writ petition challenging the FTII decision.His lawyer, Kartikeya Bahadur, argued...

Bombay HC Sets Aside Bail To Murder Accused Then Grants A Stay [Read Order]

In a recent order, the Bombay High Court set aside bail granted to a murder accused two and half months before the filing of the chargesheet, observing that in cases where an order is found perverse or arbitrary, it can be set aside.Justice Mridula Bhatkar said: “It is not that in the case of murder, bail cannot be granted. The manner in which the offence is committed, pre-assault...

Girl Voluntarily Accompanying A Known Person Doesn’t Mean She Consents To Have Sex With Him: Himachal Pradesh HC [Read Judgment]

Instead of criticising the prosecutrix, the learned trial judge should have taken into consideration such unbecoming behaviour of the said accused, the court observed.Convicting nine persons accused of raping a girl, the Himachal Pradesh High Court has observed that a girl voluntarily accompanying a known person does not imply that she was a consenting party to have sexual intercourse with...

A Grantee Of Compulsory Licence Cannot Be Deprived Of His Rights Under Bolar Exception: Delhi HC [Read Judgment]

The Delhi High Court on Wednesday held that a grantee of Compulsory Licence cannot be deprived of his rights under 107A of Indian Patent Act.Justice Rajiv Sahai Endlaw  held that Natco Pharma Ltd. (Natco) can export Bayer Corporation’s patented invention- sorafenib tosylate (marketed under the name Nexavar) for experimental purposes.“The condition of Compulsory Licence to which attention...

The Institution Owned By Family Of Government Servant Empanelled For Departmental Work Falls In Ambit Of RTI: MP HC [Read Order]

The Madhya Pradesh High Court has held the information sought under RTI Act from the government department about empanelment, work allocation and payment of fund if any done to the institution owned by the family or any family member of the government servant working in it do not fall under the ambit of “personal information”.The court’s ruling came on a petition Navneet Ladke vs State...

POCSO: Victim’s Identity Won’t Be Disclosed By Anyone, Including Police, Judges: Calcutta HC Issues Guidelines

In a landmark judgment, the High Court of Calcutta on Thursday issued additional directives to conduct investigation and trial under the Prevention of Children from Sexual Offences (POCSO) Act, 2012.The court was hearing an appeal against a judgment passed in July 2016, wherein the appellant was convicted for sexually assaulting an 11-year-old girl. The appellant now contended that...

Allahabad HC Directs Removal Of Integral University Vice-Chancellor [Read Judgment]

The Allahabad High Court has directed the removal of the vice-chancellor of Integral University, Lucknow.A bench of Justice Narayan Shukla and Justice Sheo Kumar Singh passed the order after hearing a PIL filed by one Junaid Ahmed, seeking issuance of a writ of quo warranto to SW Akhtar, VC of the university.The petitioner’s claim was that the appointment was in violation of Section 10 of...