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Unfair To Grant Police Protection On Payment, Undermines Justice & Favors Wealthy Over Vulnerable: High Court Seeks Punjab DGP's Affidavit: Punjab & Haryana High Court
In a recent judgment, the Punjab and Haryana High Court addressed the issue of police protection being provided to private citizens on a payment basis under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The case involved the petitioners, Baljinder Kaur and Another, who raised concerns about the unfair and…
Mandatory PAN-Aadhaar Linkage For Demat Accounts Constitutionally Valid: Orissa High Court
The Orissa High Court has recently dismissed a plea by former Member of Parliament (MP) Tathagata Satapathy, challenging the mandatory requirement of linking Aadhaar with Permanent Account Number (PAN) for operating dematerialized accounts (demat accounts). The Court held that this requirement was constitutional and…
Consent Vitiated If Man's Promise To Marry Was Intended To Deceive Woman Into Sexual Relations: Bombay High Court
In a pivotal ruling, the Bombay High Court upheld the conviction of Rupchand Shende for rape and sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The case highlights the importance of consent, particularly when given under false pretenses such as a false promise to marry. The court…
Haryana District Bar Decides Not To Work On Saturdays, Directed To Approach State Bar Council: Punjab & Haryana High Court
In a recent decision by the Punjab and Haryana High Court, a significant case concerning the resolutions passed by the District Bar Association, Hisar has been addressed. The case pertains to the legality of certain resolutions made by the Association regarding working days for lawyers. Case Background: In this case,…
Sanction Not Mandatory To Prosecute Public Servant For Not Reporting POCSO Offences, Section 19 Has Non-Obstante Clause: Kerala High Court
In a landmark ruling, the Kerala High Court has clarified that sanction under Section 197 of CrPC or Section 218 of BNSS is not mandatory for prosecuting public servants under Sections 19 and 21 of the POCSO Act for failing to report child sexual offences. This decision significantly impacts how public servants are…
CIC Rules on RTI Appeal Under POSH Act Against Nuclear Power Corporation of India: Central Information Commission
In a recent decision, the Central Information Commission (CIC) addressed an appeal filed by Vijay Dhaker, an employee of Nuclear Power Corporation of India (NPCIL), seeking information under the Right to Information Act, 2005 (RTI Act). Dhaker had sought details related to complaints handled by the Internal Complaints…
Conviction in Sexual Assault Case Under POCSO Act Upheld, Highlights on Army Rules & General Court Martial Proceedings: Bombay High Court
In a recent decision, the Bombay High Court dismissed a petition filed by Ex Lt Col P.K. Tiwari who had challenged the findings and sentence of a General Court Martial (GCM). The case involved allegations under the Protection of Children from Sexual Offences (POCSO) Act. Ex Lt Col Tiwari was accused of inappropriately…
Preliminary Inquiry Not Compulsory Before FIR Against Public Servant Under Prevention Of Corruption Act: Supreme Court
In a significant ruling, the Supreme Court of India has clarified the procedure for registering an FIR under the Prevention of Corruption Act, 1988 (PC Act), particularly with regard to the necessity of a preliminary inquiry before the FIR registration. The Supreme Court set aside the Karnataka High Court's decision…
Probation Of Offenders Act | Man Accused Of Deceitfully Having Sex, Causing Minor’s Miscarriage In 1991 Released: Orissa High Court
In a significant case, the Orissa High Court upheld the conviction and sentence of a man found guilty of deceiving a minor girl into believing that he was her lawfully married husband. The man was also convicted for causing a miscarriage by administering harmful pills to the victim without her consent. The Single…
Defamation Case | 'X' Thread Tweets Must Be Read in Context, Not in Isolation: Delhi High Court
In a significant ruling, the Delhi High Court has rejected a defamation plea filed by Addictive Learning Technology Limited (plaintiffs) against four individuals, over tweets posted on the X platform (formerly known as Twitter). The court highlighted that tweets on a fast-paced, conversational platform like X should…
