Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court

The Madras High Court recently modified a judgment of conviction under the Protection of Children from Sexual Offences (POCSO) Act to one under the IPC after observing that the prosecution had failed to establish the age of the victim at the time of the offence. Justice Bharatha Chakravarthy was dealing with an appeal challenging the judgment passed by the Sessions Judge, Mahila...

Government Order Cannot Have Retrospective Operation Particularly When It's Not A Legislation: Kerala High Court

The Kerala High Court on Tuesday held that the retrospective operation of a Government Order cannot be permitted particularly when it is merely an executive order, and not a legislation. Justice Devan Ramachandran observed that the petitioner joined the University unaware of any conditions as put forth by the subsequent Government order; therefore, the retrospective operation of the order...

Judge Uttam Anand Murder Case: Special CBI Court In Jharkhand Sentences Both Accused To Life Imprisonment

A special Central Bureau of Investigation (CBI) court in Jharkhand today sentenced both the convicts to life imprisonment in Judge Uttam Anand Murder Case. The Court had, last week, found both the accused - Rahul Kumar Verma and Lakhan Kumar Verma - guilty under sections 302, 201, and 34 IPC.It may be noted that on July 28, 2022 ASJ Uttam Anand, who was posted as Additional District and...

Weapon's Recovery From Hiding Place Which Is In Exclusive Knowledge Of Accused Makes Such Recovery Absolutely Reliable: Allahabad HC

The Allahabad High Court has observed that if the place of hiding the weapon is exclusively within the knowledge of the accused and that place cannot be or is not in the knowledge of any other person and the weapon is recovered from the same place, such type of recovery is absolutely reliable.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed this while upholding...

Writ Petition Against Private University Not Maintainable, Remedy For Alleged Arbitrary Termination Lies Under Civil Law: Gujarat High Court

The Gujarat High Court has declined to intervene in a writ petition seeking reinstatement with full backwages and benefits filed by an Assistant Professor against the Sabarmati University, a private university. Justice Bhargav Karia clarified that the dispute regarding termination was 'in the realm of a private contract' and therefore, held: "…if at all there is an alleged...

No Vicarious Liability Under Criminal Law Unless Strictly Mandated By Statute: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that in criminal law, there is no concept of criminal vicarious liability and it is only if there is a statute which makes a person vicariously liable for the acts of another person that such a person can be prosecuted for a criminal offence. The bench comprising Justice Sanjay Dhar was adjudicating two pleas...

Kerala Municipality Act | No Property Tax Exemption U/S 235 For Building Given On Rent Merely Because Rent Is Utilised For Charity: High Court

A trust being the owner of a building by itself does not ensure exemption from property tax, the Court added.

[8 Yrs Delay In POCSO Trial] Bombay High Court Seeks Principal Judge's Explanation On Unequal Distribution Of Cases To Designated Courts

Bombay High Court has sought an explanation from the Principal Judge (PJ), City Civil and Sessions Court, Mumbai regarding the unequal distribution of cases under the Protection of Children from Sexual Offences Acts to the designated courts. Justice Bharati Dangre noted a "startling feature," that among the four functional POCSO courts at Dindoshi, court number 11 had been allotted...

Madras HC Quashes Advocate's "Motivated" Land Grabbing Complaint, Says Magistrate's Power U/S 156(3) CrPC Must Be Exercised Vigilantly

The Madras High Court recently emphasized that directions under Section 156(3) of the Code of Criminal Procedure should not be issued by Magistrates without the application of judicial mind. Relying on the decision of Priyanka Srivastava and another v. State of Uttar Pradesh and others the court highlighted that the Magistrate must be vigilant with respect to the nature of allegations...

Gujarat High Court Monthly Digest: July 2022 [Citations 253 - 300]

NOMINAL INDEX Narubhai Amarsinh Makwana(Koli Patel) V/S State Of Gujarat 2022 LiveLaw (Guj) 253 Chief Officer v/s Decd. Shree Solanki Kanubhai Danabhai through Legal Heirs Manjulaben w/o Kanubhai Solanki 2022 LiveLaw (Guj) 254 Rafik Adam Sumra V/S State Of Gujarat 2022 LiveLaw (Guj) 255 Gujarat State Financial Corporation Ltd V/S India Sme Assets Reconstruction Company...

Calcutta High Court Restrains UOI From Deporting 4 Rohingya Muslim Women To Myanmar Till August 10

As a temporary measure, the Calcutta High Court has restrained the Union Of India from deporting 4 Rohingya refugee women to Myanmar till August 10. The bench of Justice Moushumi Bhattacharya further directed that the 4 women should be provided with facilities that are commensurate to their right to live with dignity.Essentially, the Court is dealing with the plea filed by 4 women who have...

Recovery Of Tax Dues Of A Company From Its Directors Under Section 179 Of Income Tax Act, Cannot Be Invoked Casually: Bombay High Court

The Bombay High Court has ruled that exercise of jurisdiction under Section 179 of the Income Tax Act, 1961 against the director of a public company, to recover the tax dues of the said company, is violative of the principles of natural justice, where the Income Tax Authority has failed to give any opportunity of hearing to the director before applying the principle of 'lifting the...