4 Important Indian High Courts Cases Decided Today [Wednesday, October 10, 2018]

1. Lakhinder Gogoi v. State of Assam [Gauhati High Court]

Protection of Children from Sexual Offences Act, 2012 - Sections 4 and 6 - Indian Penal Code, 1860 - Sections 363, 366(A) and 376(2)(i) - the offence committed by the appellant-accused deserves severe punishment under Section 6 of the POCSO Act, which prescribes a minimum term of imprisonment for 10 years. However, in the present case in hand, as the learned trial court has sentenced the appellant-accused to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- in default, to suffer further rigorous imprisonment for further 6 months, this Court is not inclined to interfere with the sentence awarded to the accused as minimum sentence as prescribed under Section 6 of POCSO Act is found to be awarded. The aggravated penetrative sexual assault on a minor girl amounts to taking away the entire childhood of the minor and it is bound to have a permanent affect on her. Moreover, from the examination of the accused on 05.08.2016, it is seen that that the appellant-accused is a married person and is a father of two sons. While one son is studying in Class-IX, other son is studying in Class-V, which reflects that the appellant-accused has assaulted a minor girl, who is younger than his own sons, as such, the appellant deserves no leniency.

Case Number : Criminal Appeal (J) No. 85 of 2016
Bench : Kalyan Rai Surana, J.

2. Octavius Tea & Industries Ltd. v. Lakshmi Chand Garg [Calcutta High Court]

Arbitration and Conciliation Act, 1996 - Section 8 - Amendment to Section 8 by the Act, 2015 - Background of the recommendations set out in the 246 th Law Commission Report - If on a meaningful assessment of the subject matter of the action it appears to the Court that the claimant is seeking to deliberately avoid the arbitration by adding a twist to a cause of action or implead a party who is not bound by the arbitration agreement, the Court must take into consideration the object of the Arbitration and Conciliation Act, 1996 and more particularly the mandate of Section 8 which leaves no room for the Court to continue with an action if it appears to the Court that the real and essential dispute between the parties is covered by the arbitration agreement. It can be seen from the amended provision that at the stage of Section 8, the Court is required to ascertain if there is a valid arbitration agreement between parties. The photocopies of the agreements could be taken on record under Section 8 of the Arbitration Act for ascertaining the existence of arbitration clause.

Case Number : G.A. No . 3490, 3491 of 2014, C.S. No. 374 of 2014
Bench : Soumen Sen, J.

3. Dayanidhi Maran v. Assistant Commissioner of Income Tax [Madras High Court]

Income Tax Act, 1961 - Section 147 to 153 - If the Assessing Officer has reason to believe that income has escaped assessment, it confers jurisdiction to reopen the assessment.

Case Number : W.P. Nos. 3405 and 43944 of 2016, W.M.P. No. 2780 and 37778 of 2016
Bench : S.M. Subramaniam, J.

4. Afroz Alam v. State of Bihar [Patna High Court]

Securitization and Reconstruction of the Financial Assets and Security Interest Act, 2002 - Section 13 (2) - the rights of an auction-purchaser in the property purchased by him cannot be extinguished except in cases where the said purchase can be assailed on grounds of fraud or collusion.

Case Number : Civil Writ Jurisdiction Case No.13998 of 2017
Bench : Nilu Agrawal, J.

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