POCSO Act | Certificate Issued By School Headmistress Not Sufficient To Prove Victim's Date Of Birth: Kerala High Court

The Kerala High Court on Thursday while setting aside the conviction under the POCSO Act of a father who had repeatedly committed rape on his daughter, observed that the certificate issued by the school Headmistress could not be regarded as sufficient evidence in order to establish the age of the victim. The Division Bench comprising of Justice K. Vinod Chandran and Justice C. Jayachandran...

"AMC Resolution Doesn't Violate Fundamental Rights": Gujarat HC Dismisses Plea Against Slaughterhouse Closure Due To Jain Festival

The Gujarat High Court today dismissed a plea challenging the decision of the Ahmedabad Municipal Corporation (AMC) to close down its sole slaughterhouse in the city on the occasion of a Jain festival.The bench of Justice Sandeep Bhatt observed that the order of the AMC was applicable only for two days and that it was a reasonable restriction and did not violate the fundamental rights of...

'Too Harsh For Her 2-Months Old Infant': Gujarat High Court Grants Bail To 70-Yrs-Old Woman Accused Of Fraud

The Gujarat High Court has recently granted bail to a 70 years old woman, having a two month old infant, for commission of offences u/s 406, 420, 114, 467, 471 and 120-B of IPC and Sections 66(C), 66(D) of the Information Technology Act and Sections 14, 14(A)(b) of the Foreigners Act. The primary allegations against the Applicant as per the FIR and the charge sheet was that she...

High Court Directs Rajasthan Police To Refund ₹1.3 Lakh Charged For Relieving Constable-Turned-Teacher

The Rajasthan High Court has recently allowed a plea seeking directions to the state Police to refund an amount of Rs. 1,30,913 charged from the petitioner on account of salary, allowance and training expenses alongwith interest. The petitioner was asked to deposit aforesaid amount spent on his training and remuneration, in order to grant relieving letter / NOC.Essentially, after a...

"Sacred Relation Of Uncle & Niece Was Besmirched": PH High Court Upholds Life Sentence Of Man Who Raped 12-Year-Old Niece

The Punjab and Haryana High Court on Wednesday upheld the life sentence awarded to a man who had raped his own 12-year-old niece in the year 2008. Noting that the accused was the real uncle of the victim, the Court remarked thus:"The factual matrix of this appeal is unfortunately related to a sordid and obnoxious incident, where the appellant, who is the real uncle of the victim, raped his...

Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court

The Patna High Court has ruled that the order passed by the High Court in a writ petition, recording the consent of the parties to appoint a specified Arbitrator while referring them to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act), cannot be said to be an order appointing an Arbitrator. The Single Bench of Chief Justice Sanjay Karol held...

Issuance Of Multiple Notices By Investigating Authority Does Not Falter Preliminary Inquiry: Karnataka High Court

The Karnataka High Court has said that issuance of multiple notices by the investigating agency to a person while carrying out preliminary enquiry into a case cannot be a ground for faltering the enquiry. A single judge bench of Justice Krishna S Dixit dismissed a petition filed by one M.Prakash, who questioned the action of police calling him for enquiry, short of investigation,...

CBIC Introduces Standardised Risk-Based Faceless Assessment System For Clearance Of Imported Consignments

The Central Board of Indirect Taxes and Customs (CBIC) has decided to implement system-generated centralised examination orders in a phased manner in the case of risk-based selection for examination after assessment from the 5th of September, 2022.The National Customs Targeting Centre (NCTC), in consultation with DG Systems and the respective NACs, has developed a system. As per the...

Former SC Judge Justice Deba Priya Mohapatra Passes Away

Former Judge of the Supreme Court Justice Deba Priya Mohapatra has passed away on Wednesday due to old age related ailments.Justice Mohapatra was born on 3rd August 1937. He was the son of Former Judge of Orissa High Court Justice Souri Prasad Mohapatra.He did his schooling from the historical Ravenshaw Collegiate School, Cuttack. He pursued his legal studies from Madhusudan Law...

Eviction | Payment Of Salami For Tenancy Not Relevant For Deciding Issue Of Landlord's Personal Necessity: Patna High Court

The Patna High Court recently observed that the payment of salami by a tenant is not relevant for deciding the real issue of landlord's personal necessity in a suit for eviction. The observation came from Justice Anil Kumar Sinha: "It was evident that admittedly the suit was for eviction on the ground of personal necessity. The payment of salami of Rs. 80,000/- and Rs. 10,000/-...

Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases

The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decisionThe five judge bench comprising of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice Anand Venkatesh and Justice AA Nakkiran was constituted following reference by a three judge bench to answer the...

Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates

The Madras High Court has reiterated that Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) is an exception to Section 42 of the A&C Act. The Court added that if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy. The Single Bench of Justice M. Sundar ruled that a party...