“Age of Consent” Under the POCSO Act
by Maharukh Adenwalla† and Prakriti Shah‡
Penal Code
Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court
While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.
Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest
Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.
Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains
Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.
2023 SCC Vol. 2 Part 2
Constitution of India — Art. 14 — Right to equality — Reasonable accommodation of disabled or differently-abled persons — Requirement of: There
Allahabad High Court quashes criminal proceedings against Senior Advocate Salman Khurshid for uttering offending sentence against Yogi Adityanath
Allahabad High Court said that as Salman Khurshid has regretted his offending comment, thus the continuation of the impugned proceedings against him would not be justified
Supreme Court grants bail to murder accused in custody for more than 14 months
In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case
The Emerging Dimensions of Medical Termination of Pregnancy Act, 1971
by Sanjay Vashishtha†
Cite as: 2023 SCC OnLine Blog Exp 10
Supreme Court grants anticipatory bail to 85% disabled accused in cheating case
Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person
Delhi High Court grants bail to Chitra Ramakrishna former MD NSE being accused of active involvement in illegal interception of telephone calls of NSE employees
In the present case there is no allegation that the Applicant has derived or obtained any property or proceeds of crime. Additionally, there is no allegation or evidence produced to suggest that the Applicant has concealed, possessed, used, projected or claimed any proceeds of crime as untainted property.
A zestful beginning of 2023 for Supreme Court as Constitution Benches assemble regularly in 10 matters in the month of January
This report revisits all the riveting and paramount Supreme Court Constitution Bench cases that were delivered, reserved for judgement and heard in the month of January 2023.
High Court January 2023| Revisiting bundle of stories on Live-in relationships; Motor Accident Claims; Trademarks; Yashraj Copyright’s case; Toxic work culture; Medical termination of pregnancy and more
The High Court Roundup brings a curated list of the top stories of the month to ensure that our readers do not miss out any important updates. This month’s roundup covers the stories Live-in relationships; Motor Accident Claims; medical treatment of HIV positive person; Trademarks; Yashraj Copy Rights case; problem of toxic work culture; termination of pregnancy of rape victims; Sexism not accessible, no means no; allowing Sikhs to carry Kirpans on flights….
[S.156(3) CrPC] Bombay High Court| Affidavit not in compliance with Chapter VII of the Criminal Manual is deemed non-compliance with the mandatory requirement of filing an affidavit
There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.
An order of discharge would be warranted only in cases where Court is satisfied that there are no chances of conviction, and trial would be a futile exercise; Allahabad High Court reiterates
Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order
Delhi High Court issues guidelines for medical examination of pregnant rape victims exceeding 24 weeks; allows termination of pregnancy of around 25 weeks of a minor child
The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.
Order rejecting Siddique Kappan’s discharge application is against law propounded by SC; Allahabad High Court remits the matter back to the Trial Court to decide afresh
If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court
Allahabad High Court sets aside Ghazipur Sessions Judge order granting superior class to UP-ex MLA Mukhtar Ansari, in prison
Allahabad High Court said that Mukhtar Ansari is a known gangster, a dreaded criminal and bahubali and more than 50 criminal cases have been registered against him.
Investigating Agencies deserve reasonable time to conduct investigation, Supreme Court sets aside Madras HC order quashing a criminal proceeding in haste
The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.
Allahabad High Court| Application of law should be the same for all, and no special treatment shall be given to any person depending upon his position, power and place in society
Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.