Customary duty

The deputy director DRI appealed against an order granting bail to the accused in a case of evasion of customs duty. The Bombay High Court held that where the offence is essentially based on documentary evidence and recording of statement is not required, judicial custody of the accused is not necessary. Besides, the accused extended full cooperation after being released and had also deposited the sum he had allegedly evaded. Just because investigation is pending is not grounds for continuing arrest of the respondent (Deputy Director DRI vs Anoop Kumar Wadhere and Ors).

Too much to bear

An institution applied to the university for affiliation of a BSc nursing course. The institution incurred high cost for infrastructural facilities, required as on the date of application. Later, by an amendment of the statute concerned the university required all such institutions to have a 150-bedded hospital. The Madras High Court held that imposition of such onerous condition after the institution had incurred substantial expenditure is unjustified. That the university itself recognises such inconvenience is clear from the fact that existing institutions have been granted five years to equip themselves. The amended provisions are not applicable in respect of pending applications and would operate prospectively (S.K. Ramachandra Naidu vs The Tamil Nadu Dr MGR Medical University, Chennai).

Cheating, not rape

The victim had initially voluntarily visited the house of the accused where she was allegedly raped by the latter. When the victim threatened to complain the accused promised to marry her. Thereafter they had sexual relations and lived as husband and wife. When she became pregnant the man refused to marry her. The woman lodged a complaint two days before the birth of the child. A case of rape was registered. The Karnataka High Court held that when the woman had permitted the accused to have sex it cannot be said that she was raped. However, as the accused induced her to have sex under the false promise to marry, he is to be convicted for cheating (Lakshmana Naik vs State of Karnataka).

SOLON