May 8, 2023

Lead Visual: Shantanu Mitra

The post May 8, 2023 appeared first on India Legal.



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Criminal proceedings against encroachment on land of Gram Sabha can be taken together under Section 67 of Revenue Code: Allahabad High Court

The Allahabad High Court on September 23 said that criminal proceedings against encroachment on the land of Gram Sabha can be taken together under Section 67 of the Revenue Code, under Section 3/4 of the Prevention of Damage to Civil and Public Property Act. A Single Bench of Justice Yogendra Kumar Srivastava passed this order, while hearing an application filed under Section 482 of the Code of Criminal Procedure, 1973 by one Srikant, seeking to quash the charge sheet dated May 14, 2015 as well as the cognizance order dated April 6, 2016 and also the entire proceedings of case under Section 3/4 of the Prevention of Damage to Public Property Act, 1894, registered at Police Station Jigna, District Mirzapur, pending before the 4th Additional Civil Judge (Junior Division), Mirzapur. The records of the case indicate that the criminal proceedings were initiated, pursuant to an FIR dated March 26, 2015 lodged against the applicant, which was registered as case under Section 3/4 of PDPP ...
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Touching private parts of minor, kissing on lips does not amount to offence under Section 177 of IPC: Bombay High Court

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The Bombay High Court has observed that touching private parts of a minor and kissing on lips do not amount to unnatural offence under Section 377 of the Indian Penal Code. A Single-Judge Bench of Justice Anuja Prabhudessai made the remarks, while granting bail to an accused, after noting that the POCSO offences with which the accused was charged, were punishable with maximum imprisonment up to five years and the accused had been in custody for almost a year. It noted that the statement of the victim as well as the First Information Report prima facie indicated that the Applicant had touched the private parts of the victim and had kissed his lips. Section 377 defines unnatural offences as voluntarily having carnal intercourse against the order of nature with any man, woman or animal and the punishment is imprisonment for life or imprisonment of either description for a term extending up to 10 years, noted the Bench. It added that the section clarifies that penetratio...
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Madras High Court lawyers follow suit with Gujarat, Telangana counterparts, oppose Supreme Court Collegium’s transfer decision

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Following in the footsteps of their counterparts in Gujarat and Telangana, the Madras High Court Advocates Association (MHCAA) has raised ‘strong objection’ to the Supreme Court Collegium’s decision to transfer judges from one High Court to another.  In a letter written to Chief Justice of India D.Y. Chandrachud on Friday, the organisation opposed transfer of Madras High Court Acting Chief Justice T Raja to the Rajasthan High Court, alleging that such proposals looked like the person was being disincentivised for being an efficient and decent judicial officer, holding the highest post in the state judiciary.  As per MHCAA President G. Mohana Krishnan, since September 22, 2022, when Justice Raja took over as the Acting Chief Justice of Madras High Court, he has maintained the highest decorum. Calling him a ‘people’s judge,’ who rendered justice irrespective of the person arguing the case, the MHCAA chief said that the transfer order just a...
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