The Kerala High Court has…
The Kerala High Court has provided an assessment that should be considered when sex on marriage promises can amount to rape. Putting aside the belief of a man for violations of rape on false promises of marriage, the court clarified only because the defendant signed another marriage immediately after sexual acts with the victim, it […]
Holding that a High Court…
Holding that a High Court cannot dismiss a second appeal filed under Section 100 of the Code of Civil Procedure in limine without assigning reasons, the Supreme Court remitted a matter back to the High Court for fresh consideration. In the instant case, the High Court had dismissed the second appeal with a one sentence […]
The Supreme Court has observed…
The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case. The bench of Justices Indira Banerjee and JK Mahseshwari observed that if the Court finds a person to be a juvenile on the date of commission of the offence, […]
On Thursday (9th December), the…
On Thursday (9th December), the Supreme Court opined that recovery under Section 27 of the Evidence Act would not be admissible if the disclosure statement was made in connection to a crime undergoing separate trial, especially when such statement was not made to the jurisdictional police officer. A bench comprising Justices U.U. Lalit, S. Ravindra […]
The Supreme Court of India…
The Supreme Court of India on Monday held that claims raised by an obstructor including questions relating to right, title or interest in the property in execution proceedings filed by the decree holder against the judgment debtor, has to be adjudicated upon by the Executing Court in the execution proceedings itself. The Bench has held […]
The Allahabad High Court on…
The Allahabad High Court on Wednesday observed that in a cheque bounce case for insufficient funds (Section 138 Negotiable Instruments Act), even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court. The Bench of Justice Sameer Jain further held that in such cases, there is […]
The Punjab And Haryana High…
The Punjab And Haryana High Court recently observed that recording of the telephonic conversation of the wife without her knowledge is a clear-cut infringement of her privacy. With this observation, the Bench of Justice Lisa Gill set aside the order of a Family Court allowing the husband to prove the telephonic conversation between him and […]
The Delhi High Court has…
The Delhi High Court has observed that the mere fact that recovery of Istridhan is to be made from a person cannot be the sole ground for arresting him for offences under Sections 498-A (related to dowry demand) and 406 (criminal breach of trust) of the IPC. Justice Subramonium Prasad observed that in such cases, […]
