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 […]
On Thursday (January 6) the…
On Thursday (January 6) the Supreme Court observed that the first appeal of confidence in murder cases could not be dismissed after recording conclusions in general and in just four lines. A bench consisting of Judge Sanjay Kishan Kaul and M.M. Sundresh set aside the sequence of the Punjab High Court and Haryana and deposited […]
Secondary evidence – Defendant failed…
Secondary evidence – Defendant failed to establish the conditions for exercise of powers u/s 65 of the Act – Application dismissed.
Ex parte decree – Setting…
Ex parte decree – Setting aside – Defendant was duly served as he himself signed copy of summon – Period of limitation therefore, would commence from date of decree and not from date of knowledge – Application U.O.9.R.13 CPC was filed beyond the period of limitation and no application for condonation of delay of 6 […]
Permanent injunction – Property in…
Permanent injunction – Property in question was rented out to defendant – However, property is in dilapidated condition and it is not in use for purpose for which it was let out – Manner in which plaintiff came into possession looses relevance – Since plaintiffs are in possession of suit property, as defendant is no […]
Production of documents – ‘Leave…
Production of documents – ‘Leave of Court’ would necessarily mean that a defendant cannot take liberty as a matter of right and Court must assess whether law taken with attendant facts calls for leave or not.
Additional issues – Issues framed…
Additional issues – Issues framed by Appellate Court has subsumed issues sought to be framed by defendant – No additional issue as suggested by defendant was required to be framed – Application rightly dismissed.
The Supreme Court observed that…
The Supreme Court observed that the statement made during a secret / open investigation at the Pre-FIR stage could not be said as a statement under the 160 CRPC and / or statement that will be recorded during an inquiry in accordance with the criminal procedure code and therefore cannot be used against Defendant during […]
Ex parte decree – Setting…
Ex parte decree – Setting aside – Condonation of delay of 119 days – Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case – During pendency of execution proceedings, substantial amount paid – Delay condoned – Ex parte decree set aside.
Chennai: Madras High Court on…
Chennai: Madras High Court on Friday asked the state government Why not suspend a DGP-Rank officer who accused sexually harassing an IPS officer for women, when it suspended SP for allegedly blocking the victim’s car while he rushed to Chennai. filed a complaint. The court has searched status reports on March 16. “SP is only […]
