Legally Sane

On 05.09.2023, Justice PV Kunhikrishna of the High Court of Kerala at Ernakulam in Criminal Miscellaneous No. 7421 of 2022 titled Aneesh Vs. The state of Kerala has decided on a very interesting and substantial question of law relating to the criminality of watching porn videos in private time without exhibiting it to others , wherein, the Petitioner/Accused was seen standing on the roadside by the Police/Complainant, watching obscene videos in his mobile phone hence he was arrested and his mobile phone was seized. Thereafter, the police filed a charge sheet, alleging offence punishable under Section 292 of the IPC, before the concerned Magistrate and the learned Magistrate took cognizance of the offence based on the Final Report. The Petitioner/Accused approached the High Court praying for the quashing of FIR and the Charge Sheet. Justice Kunhikrishna held that “ 6. I am of the considered opinion that, watching of an obscene photo by a person in his privacy by itself is not an offenc...

On 06.09.2023, a division bench of the Hon’ble Supreme Court in Civil Appeal No. 3948 of 2009 titled NHPC Ltd. Vs. State of Himachal Pradesh Secretary & Ors. has decided a substantial question of law relating to the legislative power of abrogation and laid down the guiding principles, wherein, the Himachal Pradesh Passengers and Goods Taxation Act, 1955 (hereinafter referred to as the “Act of 1955”) was enacted by the Himachal Pradesh Legislative Assembly with a view to levy tax on passengers and goods carried by road in certain motor vehicles in the State of Himachal Pradesh. The appellant provides transport facilities to its employees in order to enable them to reach their respective work sites from their residential colonies and for their children to travel to and from their schools, comfortably. The transport facilities were being provided free of cost, for the exclusive use of the appellant's employees and their children, and members of the public were not permitted to us...

On 27th August 2001, a Division Bench of the Hon’ble Supreme Court in Criminal Appeal No. 858 of 2001 titled Bhaskar Industries Ltd. V. Bhiwani Denim & Apparels Ltd . reported as (2001) 7 SCC 401 has decided a substantial question of law relating to exemption from personal appearance/attendance in criminal cases, wherein, an accused in an offence punishable under Section 138 of the Negotiable Instrument Act of 1881 submitted an application for exemption from personal appearance mainly on two grounds:  The offence under Section 138 of the NI Act is not a serious offence;  The insistence on the physical presence of the accused in the case would cause substantial hardships and sufferings to him as he is a resident of Haryana and the case is pending in Bhopal. The application was allowed by the trial court. However, the said order granting exemption from personal appearance was set aside by the Sessions Judge and the order setting aside the order passed by the trial court was...