The Bombay High Court’s Nagpur bench rejects an appeal filed by a 55 year old man from Wardha, who has been sentenced to life by the trail court for raping his minor step daughter. The appallent has been convicted under Section 5(n) and punished under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 506 of
Tag: Bombay High Court
No Permission Required To Lead Secondary Evidence Before Trial Court Under Evidence Act: Bombay HC
The Bombay High Court stated that there is no permission required for leading a secondary evidence before any court under the Evidence Act. This observation was made while hearing a writ petition against an order of a trial court wherein an early application under Section 65 of the Evidence Act was filed seeking ‘permission’ for proving contents of a lease deed
Bombay HC Allows Termination Of 26 Week Old Foetus
The Bombay High Court allowed a 26 week pregnant woman’s writ petition due to to neurologicala and skeletal deformities in the foetus. HC after examining and confirming the deformities stated that there are favourable chances of meningitis, mental retardation, paralysis of lower limbs and loss of urine and bowel control. In the view of the strange situation it allowed the termination
Bombay High Court Slams Trial Court For Branding Petitioner With Stigma Of ‘Living In Adultery’ Without Evidence
The Bombay high Court quashed the order of a Family court in Sholapur where an application filed by a woman seeking compensation for herself and her son was rejected by branding her with the Stigma of ‘Living in Adultery’ without evidence and allowing her ex-husband’s application for seeking cancellation of maintenance. HC sharply criticized the trail courts approach and
IT Returns May Not Reflect True Picture, Court Has To Take Lifestyle Into Account: Bombay HC On Maintenance
The Bombay High Court on hearing a writ petition challenging an order of the family court wherein an interim maintenance amount of Rs. 5,000 each was awarded to the petitioner and her two minor children stated that the respondent husband made every attempt to conceal his income in order to avoid paying maintenance. Thus the court allowed the petition
SC Stays Bombay High Court Judgment on Appointment Of Prosecutors
While disposing off an 18 year old petition the Bombay High Court ordered the Maharashtra Government to follow its 1997 regulations for appointment of public prosecutors and additional public prosecutors for the districts by promoting assistant public prosecutors. The Supreme court has stayed the order and issued a notice to the Maharashtra Public Prosecutors Association to sought a response
Constantly Following Or Watching A Child With Bad Intention Is Offence Under POCSO Act: Bombay HC
The Bombay High Court has refused to quash an FIR against Valji Vadher who was charged for having bad intention for the victim minor girl. The HC adjudicated that if a person with sexual intent constantly follows or tries contacting a child by any means then he can be convicted for an offence defined under Section 11 of the
Bombay HC Chastises Party-In-Person Litigant For Using Derogatory Language Against NGT
A Petition was filed in the Bombay High Court against The National Green Tribunal regarding the transfer of a pending matter before the NGT Western Zone bench in Pune to Delhi, allegedly without any notice to him. The petitioner had used derogatory and inappropriate language in his written as well as oral submissions. The court reminded the petitioner that
Bombay HC Quashes FIR Against Ceramic Artist Vineet Kacker Accused Of Hurting Religious Sentiments
The Bombay High Court has quashed the FIR filed against award winning ceramic artist Vineet Kacker, who was accused of hurting religious sentiments during one of his exhibitions, comprised of three ceramic and cast glass ‘kharaus’ (slippers) that had images of Hindu and Buddhist Gods like Natraj, Gautam Buddha, Shiva, Parvati and Tara. The complaint was filed
Even A Woman Of Easy Virtue Has The Right To Say ‘No’: Bombay High Court
The Bombay High Court recently rejected an application stating a victims bad character, filed by an accused convicted under provisions of the Protection of Children from Sexual Offences Act and was sentenced to 10 years in prison. The HC stated that a woman may be of easy virtue but she has a right to say no. Thus, no bail