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Allahabad High Court Upholds Sanction Based on CVC Advice

Allahabad High Court Upholds Sanction Based on CVC Advice

The Allahabad High Court has upheld prosecution sanction in a corruption case, rejecting an argument that an earlier internal view amounted to a final refusal. Justice Subhash Vidyarthi held that the competent authority could accept advice from the Central Vigilance Commission and reconsider the matter on fuller material. The earlier departmental communications were not a … Read more

Supreme Court Acquits POCSO Accused After Identification Failure

Supreme Court Acquits POCSO Accused After Identification Failure

The Supreme Court has acquitted a man convicted under the POCSO Act after finding that the prosecution failed to establish his identity as the perpetrator beyond reasonable doubt. Justices Vikram Nath and Sandeep Mehta noted that the child and her cousin did not identify the appellant in court. Their accounts also contained material inconsistencies, the … Read more

Seniority Between Temporary Appointees Runs From Regularisation

Seniority Between Temporary Appointees Runs From Regularisation

The Supreme Court has held that inter se seniority for temporary or special-category appointees ordinarily runs from regularisation unless governing rules clearly prescribe another method. Justices S. V. N. Bhatti and Shree Chandrashekhar rejected a claim by compassionate appointees to count temporary service from 1981 ahead of direct recruits appointed in 1983. The compassionate appointments … Read more

Trustee Discharged From Drug Case Lacking Specific Allegations

Trustee Discharged From Drug Case Lacking Specific Allegations

The Bombay High Court has discharged a managing trustee from a prosecution under the Drugs and Cosmetics Act, holding that a public charitable trust cannot automatically be treated as a company or association of persons under Section 34. Justice Ranjitsinha Raja Bhonsale found that the complaint did not describe A. P. Hinduja’s operational role or … Read more

RTE Students Cannot Demand Transfer Between Private Schools

RTE Students Cannot Demand Transfer Between Private Schools

The Chhattisgarh High Court has held that children admitted under the Right to Education Act cannot demand automatic transfer from a closed private unaided school to another such institution. The court said the statutory framework does not create an enforceable right to continue free education in a different private school after closure. It nevertheless directed … Read more

Madras High Court Restores Elderly Widow’s Right to Shared Home

Madras High Court Restores Elderly Widow’s Right to Shared Home

The Madras High Court has restored residence and protection directions for a 73-year-old widow while staying an appellate order that had displaced them. The court said legislation protecting senior citizens cannot be reduced to a monetary arrangement when residence and security are at stake. It directed the district administration and police to ensure Mahalakshmi’s safe … Read more

Patna High Court Reduces Attempted Rape Conviction to Molestation

Patna High Court Reduces Attempted Rape Conviction to Molestation

The Patna High Court has replaced an attempted-rape conviction with a conviction for assault or criminal force against a woman, finding that the prosecution proved an outrage to modesty but not an act sufficiently proximate to penetration. Justice Sandeep Kumar said preparation becomes an attempt only when the accused performs an overt act directly moving … Read more

Special Marriage Act Cruelty Must Persist Since Marriage Solemnisation

Special Marriage Act Cruelty Must Persist Since Marriage Solemnisation

The Karnataka High Court has dismissed a husband’s appeal seeking divorce under the Special Marriage Act, finding that he failed to prove cruelty or qualifying mental disorder. Justices Jayant Banerji and K. V. Aravind distinguished Section 27(1)(d) of the Special Marriage Act from the Hindu Marriage Act. The provision requires proof that the respondent has … Read more