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Demand and Acceptance of Bribe Must Be Proved; Mere Recovery Insufficient, Acquittal of Revenue Officer Over ₹5,000 Bribe Upheld: Calcutta High Court
The Calcutta High Court, Circuit Bench at Port Blair, has reiterated a settled principle of corruption law that proof of both demand and acceptance of illegal gratification is mandatory for conviction under the Prevention of Corruption Act, 1988. The Court dismissed the appeal filed by the State and upheld the…
Public Prosecutor Cannot Independently Seek Police Remand Without Request from Police: Jammu & Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh examined an important question regarding police remand and the powers of a Public Prosecutor while deciding a criminal revision filed by the State. The matter arose from a 2005 murder case registered in Jammu and Kashmir, where multiple accused persons were charged for…
Power to Impound under Maharashtra Stamp Act Affects Property Rights; Can Be Exercised Only by Registering Officer: Bombay High Court
The Bombay High Court has delivered an important ruling clarifying the scope of Section 33A of the Maharashtra Stamp Act, 1958, holding that the power to impound a registered document is a serious statutory power affecting civil and property rights and can be exercised only by the Registering Officer before whom the…
Sentence of Minor Convicted under POCSO Suspended as Court Notes Significant Age Gap Not Addressed by Law: Punjab & Haryana High Court
The Punjab and Haryana High Court has suspended the sentence of a young convict who was sentenced to 20 years imprisonment under Section 4(2) of the Protection of Children from Sexual Offences Act, 2012, after taking into account that both the accused and the victim were minors at the time of the incident. The Court…
Sale of Property Quashed as Entire Auction and Bidding Process Found Rigged; Forfeiture of Bidders’ Deposit Ordered: Bombay High Court
The Bombay High Court recently quashed the earlier Court Auction process for a prime property located at JVPD Scheme, Vile Parle, Mumbai – 400056, holding that the initial auction was rigged with bidders forming a syndicate and under-bidding to manipulate the price. The Court emphasized the need to maintain the…
Court Refuses to Reduce Sentence of 83-Year-Old Rape Convict, Says It Cannot Turn a Nelson’s Eye to Minor Victim’s Ordeal: Bombay High Court
The Bombay High Court Goa Bench has delivered a strong judgment in a case involving sexual assault on a minor child, where the Court refused to reduce the sentence of an elderly convict. The case relates to an incident that took place in April 2012, involving a 9-year-old girl and her neighbour Martin Soares, who was…
Termination of Probationary DHJS Judge Over Viral Video Upheld, Court Says Action Not Stigmatic: Delhi High Court
The Delhi High Court has dismissed a writ petition filed by a probationary officer of the Delhi Higher Judicial Service, holding that the termination of his services was lawful and based on overall unsuitability. The Court ruled that the action was a termination simpliciter under Rule 14 of the Delhi Higher Judicial…
Insurance Company’s Appeal on Dishonoured Cheque Defence Dismissed under Motor Vehicles Act, 1988 and Insurance Policy Liability: Bombay High Court
The Bombay High Court Nagpur Bench has dismissed an appeal filed by HDFC ERGO General Insurance Co. Ltd., holding that the insurance company failed to prove that the insurance policy of the offending vehicle was cancelled due to dishonour of premium cheque. The Court upheld the compensation awarded by the Motor…
POCSO Investigations Must Be Child-Friendly; Investigators to Be Sensitised to Ensure Truth Emerges Without Ambiguity: Gauhati High Court
The Gauhati High Court has strongly emphasised that investigations under the Protection of Children from Sexual Offences Act must be conducted with utmost sensitivity and strict compliance with child-friendly procedures. The Court warned that casual or defective investigations, failure to provide counselling,…
Municipality Cannot Benefit Private Party at Cost of State; Disposal of Public Property Must Be in Public Interest and Free from Bias: Gujarat High Court
The Gujarat High Court has ruled that the State and municipal authorities cannot act in a manner that benefits a private individual at the cost of public property. The Court held that municipal land is held in trust for the public and any arbitrary alienation of such land violates public interest, the doctrine of…
