News Updates
Intended To Blackmail Leaseholders: Madras High Court Dismisses Plea To Stop Construction Of Sand Quarries With 50K Cost
The Madras High Court recently dismissed a petition filed to stop the construction of sand quarries at three villages of Nagapattinam District after observing that the same was filed without bonafide.The bench of Chief Justice Munishwar Nath Bhandari and Justice Bharatha Chakravarthy held that the petitioner, who himself had a criminal track record under the Mines and Minerals (Development...
Redness & Swelling In Vaginal Walls Sufficient To Show 'Penetrative Sexual Assault' Even Though Insertion Of Male Organ Not Alleged: Meghalaya HC
The Meghalaya High Court has held that redness and swelling in the vaginal walls by a woman who was sexually assaulted coupled with difficulty in passing urine are sufficient proofs of penetration, even though 'complete insertion' of male organ is not specifically alleged.While dismissing the appeal filed by a person convicted for committing penetrative sexual assault on a young girl,...
Orissa High Court Monthly Digest: July 2022
Nominal Index: 1. State of Odisha & Ors. v. Radhakanta Tripathy & Anr., 2022 LiveLaw (Ori) 109 2. Gobardhan Gadaba @ Gadava v. State of Odisha, 2022 LiveLaw (Ori) 110 3. Naba Krishna Mahapatra v. State of Odisha & Ors., 2022 LiveLaw (Ori) 111 4. Kishore Bira v. State of Odisha, 2022 LiveLaw (Ori) 112 5. M/s. Patel Brothers &...
Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered
Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. The chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found...
Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be deemed to be...
Hormonal Imbalance/ Irregular Menstruation Of Women Cannot Be Considered As Female Impotency: Madras High Court
The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex. Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.The bench held...
Mere Gathering Of More Than 5 Persons Not "Unlawful Assembly": Madras HC Quashes Case Against Law Students Protesting Against Srilankan Govt
The Madras High Court recently quashed criminal proceedings against 11 law students accused of raising slogans against the Srilankan Government, demanding their "Tamil Ealam issues". Justice N Satish Kumar observed that the students had democratically raised protest against the inaction of the police and such a gathering could not be held unlawful. The court observed as under:At any event,...
PIL Seeks Special Assistance For All Differently-Abled Students In Exams; Kerala High Court Issues Notice To Centre, State & Education Dept
A Public Interest Litigation (PIL) has reached the Kerala High Court seeking assistance for all differently-abled students in examinations, regardless of the percentage of their disability.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly recently issued notice to the Centre, State and the relevant State Education Separtments in the plea. The PIL has also sought rules...
[No PMLA Case Without Scheduled Offence] ED Approaches Bombay High Court Against Special Court's Release Order Based On SC Judgment
The Bombay High Court on Wednesday agreed to hear ED's plea against an interim order directing the release of two accused in a money laundering case following the Supreme Court's recent judgement on the Prevention of the Money Laundering Act (PMLA). Justice PD Naik granted ED circulation for Thursday after the matter was mentioned by Special Public Prosecutor Hiten Venegavkar...
Former Kerala Finance Minister Thomas Issac Moves High Court Challenging ED Summons In Connection With KIIFB Transactions
Dr.Thomas Issac, former Finance Minister of Kerala and a member of the Communist Party of India (Marxist), has approached the Kerala High Court challenging the summons issued by the Enforcement Directorate seeking his appearance in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB).In the writ petition, Issac stated that the ED,...
Assessee Has Statutory Right To File An Appeal Even After Voluntary Payment Of GST/Penalty: Kerala High Court
The Kerala High Court has held that assessees have a statutory right to file an appeal even after the voluntary payment of GST or penalty.The single bench of Justice Gopinath has observed that the culmination of proceedings in respect of a person who seeks to make payment of tax and penalty under Section 129(1)(a) does not result in the generation of a summary of an order under Form...