News Updates
Orissa High Court Refuses To Discharge Ex-Advocate General Ashok Mohanty In Case Linked With Artha Tatwa Scam
The Orissa High Court has recently denied relief to former Advocate General ('AG') for the State, Ashok Mohanty, by rejecting his revision petition against a Trial Court order which had dismissed his discharge petition in a case which is allegedly linked with Artha Tatwa ponzi scam. Pradeep Sethy, the proprietor of the Artha Tatwa group of companies allegedly duped a number of...
"Can't Seek Bail Under The Guise Of Personal Law": Karnataka HC Denies Relief To Man Accused Of Raping Minor Muslim Girl
The Karnataka High Court recently denied bail to a man who allegedly raped a 16-year-old Muslim girl as it noted that even if the girl had consented to a physical relationship, her consent becomes irrelevant as she is a minor.The bench of Justice Rajendra Badamikar observed thus as it rejected the argument put forth by the counsel for the accused that the age of puberty was required to be...
'No Bad Intention': Chhattisgarh HC Acquits Then Sarpanch U/S 354 IPC For Holding Hand Of Prosecutrix
The Chhattisgarh High Court has acquitted a former Sarpanch for offence under Section 354 IPC after finding that there is nothing on record to prove that he held the prosecutrix's hand with "bad intention".Justice Dipak Kumar Tiwari observed that in order to attract the provision, it is necessary that the accused must have used criminal force and he must have an intention to outrage...
Delhi High Court Directs Centre To File 'Better Affidavit' On Subramanian Swamy's Security Concerns
The Delhi High Court on Friday directed the Central Government to file a "better comprehensive affidavit" to assure the court that security concerns raised by the former Rajya Sabha MP Subramanian Swamy with regard to his private accommodation in the national capital "shall be duly met".Justice Yashwant Varma was informed by the Centre that an affidavit of compliance has been filed stating that...
Kerala High Court Makes Entry Pass Mandatory For Public, Introduces Online Pass Management System
To bolster security arrangements at the court complex, the Kerala High Court has made entry passes mandatory for public. The litigants and visitors can use Online Pass Management System of the court to obtain the passes.While the staff members have been directed to wear their identity cards while entering the high court complex, the advocates who are not in robes would be required to show...
S.3(2)(v) SC/ST Act Not Attracted In Absence Of Averment About Accused' Caste & His Awareness About Victim's Caste: Kerala High Court
The Kerala High Court has held that in order to attract an offence punishable under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the accused must not be a member of the SC/ST community and must be shown to have committed the offence with the knowledge about victim's caste/ community. In the absence of an averment to that effect, the...
MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It
The Madhya Pradesh High Court, Gwalior bench recently held an Advocate guilty of contempt for forging signatures of the Petitioner on an affidavit. Nevertheless, noting that he had tendered his unconditional apology, the Court decided not to impose any punishment. The Court, however, directed an enquiry against the oath commissioner for executing the document- Thus, it is clear that...
Tamil Nadu SHRC Asks Authorities To Provide Basic Amenities To Village With No Electricity For Over 4 Decades
Tamil Nadu State Human Rights Commission (SHRC) recently asked the government authorities to provide basic amenities to the residents of Thirupanipuram, observing that the villagers have been denied potable drinking water and electricity connection for the past several years.The Commission said the constitutional right to access to clean drinking water can be drawn from the right to food,...
Bombay High Court Directs Son, Daughter-In-Law To Vacate Their 88-Yr-Old Mother's Flat, Pay Monthly Maintenance
The Bombay High Court recently upheld an order of the Senior Citizens Welfare Tribunal (tribunal) directing a man to pay monthly maintenance as well as handover a flat to his 88-year-old mother. The court, in a writ petition challenging the tribunal's order, held that the petitioners had no legal right to the flat and they cannot evict the mother to take exclusive advantage of...
Madras High Court Weekly Round-Up: October 24 to October 30, 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 441 To 2022 LiveLaw (Mad) 447 NOMINAL INDEX Sahil Raj v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 441 M/s ES Mydeen and Co. v. The Designated Officer and others, 2022 LiveLaw (Mad) 442 All India Anna Dravida Munnetra Kazhagam v The...
Kerala High Court Weekly Round-Up: October 24 To October 30, 2022
Nominal Index [Citation 2022 LiveLaw(Ker) 537-554]Self Financing Arts & Science College Managements Welfare Association (KSMA) v. State of Kerala & Ors and Sharaf Arts and Science College Committee v. State of Kerala & Ors. 2022 LiveLaw (Ker) 537 Dr. R. Prakash v. State of Kerala & Ors. 2022 LiveLaw (Ker) 538 Dhanlaxmi Bank Ltd v. K.N. Madhusoodanan & Ors. and Dhanlaxmi...
Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple (boyfriend and girlfriend).The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused and...