International Bar Association Course 2024 | Fundamentals of International Legal Business Practice
The event is kindly supported by Ciarb; Confederation of Indian Industry; SCC Times; and Society of Indian Law firms
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Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court
“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”
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Limitation period for adverse possession commences when possession becomes adverse, not upon plaintiff’s acquisition of ownership: Supreme Court reaffirms
“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”
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Is mere possession of proceeds of crime enough to invoke PMLA? Madras HC answers
“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”
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Revenue Code fully applicable to areas added to municipal limits after July 7, 1949, previously governed by Z.A. Act before its repeal: Allahabad HC
“The provisions of the Revenue Code will apply to the whole of Uttar Pradesh, except: (i) Chapter VIII which deals with management of land and other properties of Gram Panchayat or other local authorities, and (ii) Chapter IX which deals with tenures.”
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Supreme Court grants bail to Amar Sadhuram Mulchandani, former chairperson of Seva Vikas Co-operative Bank, in money laundering case
“However strict the PMLA is, we have to operate within the four corners of the law. The law tells us that someone who is sick and infirm should be granted bail. The point that he can be treated in a government hospital is no answer to what the statute says.”
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Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC
Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.
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Allahabad High Court affirms Central Administrative Tribunal as substitute for Civil Court in service disputes
“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”
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Allahabad High Court denies bail to SP Leader Moid Ahmad in Ayodhya Minor Gang rape case
Allahabad High Court permitted the Moid Ahmad to apply for bail afresh after the expiry of four weeks and after the recording of the testimony of the informant and the victim.
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Madras High Court dismisses plea on Samsung India Workers’ arrest after State confirms release
Madras High Court disposed of the habeas corpus petition after reviewing the State’s submissions, which indicated that the arrested individuals had been released on 08-10-2024, due to the Judicial Magistrate’s refusal to accept their remand.
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Supreme Court overturns Kerala HC’s order for disciplinary proceedings against Lakshadweep Judicial Officer, citing lack of consideration for key records in the case
Supreme Court said that the disciplinary proceedings against the Judicial Magistrate, have been initiated on the basis of a legally invalid order.
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Read why Allahabad HC commuted death sentences in Bulandshahr Gang-Rape case to life imprisonment of 25 years without remission
The Trial Court has not recorded any finding as to how the present case is ‘rarest of the rare case’ even though the accused has committed the gravest offence.
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Kerala High Court refuses to quash case against priest accused of rape on pretext of marriage
Kerala High Court said that there was no undue delay in filing the FIR, as the relationship was predicated on the promise of marriage
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[Dispute over seniority rankings] Supreme Court rules on impact of retrospective government orders on engine factory promotions
“To alter a seniority list after such a long period would be totally unjust to the multitudes of employees who could get caught in the labyrinth of uncertainty for no fault of theirs and may suffer loss of their seniority rights retrospectively.”
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Madras High Court quashes criminal case against stunt choreographer Kanal Kannan over Periyar Statue remarks
“Display of provocative words commenting believers of God opposite to the Hindu Temple is the cause for the speech, and the person, who has provoked the speech cannot take advantage of their provocation and prosecute Kanal Kannan for his reaction.”
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Supreme Court strikes down Khalsa University (Repeal) Act for violating Article 14
“The Khalsa University (Repeal) Act 2017, was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of Article 14 of the Constitution.”
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Criminal Law Roundup September 2024 | Stories on Kolkata Rape and Murder Case; Delhi excise policy scam; Cash-for-job scam; West Bengal Coal Scam; and more
In September 2024, the Supreme Court and various High Courts engaged in significant discussions on criminal law, focusing on critical issues such as Kolkata Rape and Murder Case; Delhi excise liquor policy scam; Cash-for-job scam. Key rulings emphasized the balance between individual rights and public interest. Overall, these discussions reflect a dynamic legal landscape committed to upholding justice amid evolving challenges.
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Supreme Court grants bail to POCSO accused after five months in custody
Supreme Court directed the accused to extend complete cooperation in the trial, and to not misuse his liberty in any manner or to influence the witnesses in any way. In addition, the accused was directed to not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.
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Supreme Court grants bail to murder accused after two years; Notes six co-accused already released
Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.
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[Delhi Education Rules] NDMC not responsible for salaries upon unlawful closure of School by DSGMC: Supreme Court
DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.
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