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Sexual Intent Makes Non-Penetrative Touching POCSO Assault

Sexual Intent Makes Non-Penetrative Touching POCSO Assault

The Meghalaya High Court has upheld a man’s conviction for aggravated sexual assault, holding that sexually motivated touching of a child’s breast falls squarely within Section 7 of the POCSO Act even without penetration. The survivor, aged 15, described being assaulted by her uncle while staying at his home. Although the evidence did not establish … Read more

Arbitral Tribunals Require Genuine Party Consent

Arbitral Tribunals Require Genuine Party Consent

The Supreme Court has invalidated an arbitral tribunal’s appointment after finding no evidence that the opposing party consented to it. The tribunal had proceeded despite an express objection alleging links with the appointing bank. It froze bank accounts, enabled the bank to take possession of assets and ordered transfers of deposited funds. The Court held … Read more

Employment Limits Retrospective Interim Maintenance

Employment Limits Retrospective Interim Maintenance

The Delhi High Court has ruled that a spouse cannot receive interim maintenance for a period during which she was employed and earning, modifying a Family Court award accordingly. The wife had sought maintenance from January 2021 and continued working until June 2024. The High Court therefore limited the ₹5,000 monthly payment to the period … Read more

Amalgamation Benefits Require Employment on Effective Date

Amalgamation Benefits Require Employment on Effective Date

The Sikkim High Court has held that an employee-continuity clause in an amalgamation scheme protects only those who remained employed by the transferor company when the merger became effective. Former workers cannot rely on the clause after their employment relationship has already shifted. The petitioners had served as regular employees of Lanco Teesta Hydro Power … Read more

Juvenile Bail Granted Despite Large Cannabis Seizure

Juvenile Bail Granted Despite Large Cannabis Seizure

The Patna High Court has granted bail to two juveniles allegedly found transporting more than 65 kilograms of cannabis, while ordering an inquiry into their ages and the security failures surrounding their journey. The Juvenile Justice Board had assessed the applicants as children, although investigators initially recorded them as adults. The High Court held that … Read more

Darkness and Weak Circumstances Undo Murder Convictions

Darkness and Weak Circumstances Undo Murder Convictions

The Supreme Court has acquitted four men convicted of a 2001 murder in Odisha after finding that neither the eyewitness account nor the circumstantial case met the criminal standard of proof. The High Court had already rejected the claimed identification because the assault occurred on a pitch-dark night, yet preserved the convictions by relying on … Read more

Completed Property Sale Cannot Be Replaced With Refund

Completed Property Sale Cannot Be Replaced With Refund

The Supreme Court has restored a 1979 decree for specific performance, holding that a completed court-executed sale cannot be displaced decades later by an enhanced monetary refund. The dispute arose from a 1975 agreement to sell agricultural land near Agra for ₹20,000. After the trial court decreed performance, the sale deed was executed through court … Read more

Rajasthan Court Refuses Transfer of Matrimonial Proceedings

Rajasthan Court Refuses Transfer of Matrimonial Proceedings

The Rajasthan High Court has declined to transfer matrimonial proceedings solely because the wife said she lacked the means to travel. The court noted the husband’s offer to meet travel expenses and the availability of alternatives including representation, video participation and reimbursement. The decision does not diminish the practical burdens faced by parties in family … Read more

Parked Tanker Not Responsible for Rear-End Collision

Parked Tanker Not Responsible for Rear-End Collision

The Gauhati High Court has rejected the Indian government’s compensation claim for damage to a defence vehicle that struck a parked oil tanker. Photographs and a site plan showed the tanker positioned on the far-left side of the highway. The defence driver’s account was inconsistent with the physical evidence. The court also noted that the … Read more

Seventeen-Year Delay Defeats Attempt to Restore Appeal

Seventeen-Year Delay Defeats Attempt to Restore Appeal

The Delhi High Court has refused to revive an appeal more than 17 years after it was dismissed for non-prosecution. The appellant attributed the 6,290-day delay to financial difficulties, lack of notice and loss of contact with his former lawyer. The court found those explanations insufficient, stressing that litigants retain an independent responsibility to monitor … Read more