This HC asks State Govt to strictly end unscientific and degrading ‘two-finger test’

While dismissing an appeal filed by an accused in the Shakti Mills gang rape case of 2013, the Bombay High Court asked the Maharashtra Government to “take necessary steps to shun all such unscientific and heavily criticized ‘two finger tests’.” “It appears that the Government of Maharashtra has formulated some guidelines. We expect and hope … Read more

Shakti Mills gangrape case: HC commutes death penalty to 3 convicts to life imprisonment, says public opinion can’t be barometer for death sentence

The Bombay High Court on Thursday commuted the death sentence awarded to three convicts in the 2013 Shakti Mills gangrape case to life imprisonment. Vijay Jadhav, Mohammad Qasim Bengali and Mohammad Ansari had been convicted by a sessions court on the ground of gangraping a 23-year-old photojournalist in the Shakti Mills area of Mumbai. A … Read more

HC: Standard of proof under disciplinary proceedings need not be ‘beyond reasonable doubt’ mark as in criminal suits. [Read Judgment]

The Calcutta High Court recently comprising of a bench of Justice Arindam Mukherjee observed that Standard of proof under disciplinary proceedings need not be ‘beyond reasonable doubt’ mark as in criminal suits. (Murari Sarkar v Union of India)  The bench held that since the disciplinary proceedings have trappings of a civil court procedure; hence the … Read more

HC: Services rendered by Doctors in Lieu of Fees fall under Consumer Protection Act, 2019 [Read Judgment]

The Bombay High Court has recently comprising of a bench of held that services performed by healthcare service providers in lieu of fees/charges would fall within the purview of the Consumer Protection Act, 2019 (2019 Act). (Medicos Legal Action Group v. Union of India) The Bench observed, “We, therefore, hold that mere repeal of the … Read more

Bombay High Court bench in Goa dismisses Tarun Tejpal plea to hold in-camera hearings in appeal against his acquittal – India Legal

Journalist Tarun Tejpal’s plea for an in-camera hearing in the Goa government appeal filed against his acquittal in the 2013 sexual assault case lodged by a former Tehelka colleague against him was rejected by the Bombay High Court bench in Goa. Justices Revati Dere and M.S. Jawalkar said the application filed by Tejpal’s counsel Amit … Read more

Bombay High Court issues notice on PIL against Nagpur police chief’s order under Immoral traffic Prevention Act – India Legal

The Bombay High Court has recently issued notice on a PIL contending the notification dated 25/8/2021 issued by the Commissioner of Police, Nagpur under Section 7(1)(b) of the Immoral Traffic (Prevention) Act, 1956 is without jurisdiction. The PIL, filed by one Mukesh Jadevprasad Shahu, averred that power to issue such a notification, notifying prohibited public places … Read more

Supreme Court directs Education Ministry to create a seat in IIT Bombay for Dalit aspirant – India Legal

The Supreme Court on Monday directed the Ministry of Education and the Joint Seat Allocation Authority (JoSAA) to create a seat in IIT Bombay in a Special Leave Petition by a 17-year-old Dalit IIT aspirant against the order of Bombay High Court, whereby the court had expressed its inability to permit Prince Jaibir Singh to pay the Seat … Read more

Supreme Court grants protection from arrest to former Mumbai Police chief Param Bir Singh – India Legal

The Supreme Court today granted protection from arrest to Param Bir Singh, former Mumbai Police Commissioner, in a number of cases registered against him by the Mumbai Police. Singh had filed the petition against the Bombay High Court’s September 16 judgment dismissing his plea as not maintainable. The petitions filed by Singh challenged the two … Read more

Yes Bank Case: Bombay High Court discharges DHFL in case involving Promoters

The Bombay High Court has discharged Dewan Housing Finance Corporation Limited (DHFL) in the case involving its promoters Kapil and Dheeraj Wadhawan, and Yes Bank founder Rana Kapoor. The order was passed in a writ petition filed by DHFL seeking discharge, or in the alternative, dropping of proceedings against it. Advocates Hiten Venegaokar, Ninad More and … Read more

Sexual Intent most important aspect, can’t restrict to ‘skin to skin contact’ in POCSO Cases: SC quashes Bombay HC judgement

On Thursday, the Supreme Court quashed the Bombay High Court verdict which had held that no offence of sexual assault under the POCSO Act is made out if there is no direct skin-to-skin contact between an accused and victim. A bench headed by Justice UU Lalit set aside the high court judgement, and said the most … Read more