‘No rape on false promise to marry’; Supreme Court quashes rape case by married woman
Supreme Court took note of the evident consent of the complainant as well as her parents and daughter, who were living in the same house.
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Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement
‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’
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Ration Card cannot be considered as address proof; Issued exclusively for obtaining essential commodities from shops: Delhi High Court
“The term “Ration Card” is defined under Section 2(16) of National Food Security Act, 2013 as a document issued under an order or authority of the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System.”
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Is it permissible for an employer to process the resignation request that earlier declined to process? Delhi High Court examines
In Sashastra Seema Bal, nobody can resign as per his own whims and fancies and it is for the Central Government to consider such request, having regard to the special circumstances of any such case and it may eventually accept the resignation with effect from such date as it may consider expedient.
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[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons
“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”
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Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters
In 2018, the National Company Law Tribunal approved the resolution plan submitted for Amtek Auto by Liberty House, which was settled with 80% haircut for Deccan Value Investors in November 2021
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‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order
Whether the termination, in present case, be termed an innocuous termination simpliciter or an order of punishment based on the alleged misconduct of the petitioner?
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‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC
The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.
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‘A relationship consensual at the beginning may not remain so all time’; Supreme Court refuses to quash rape case
The Supreme Court directed masking of the complainant’s identity in the Court records and future proceedings and her to be referred as ‘Miss X’.
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‘No reference to show existence of criminal conspiracy’; Delhi Court discharges all 11 accused persons in Delhi Riots of 2020
“It does not appeal to logic and probability that persons in the mob of Muslim Community will raise slogan of “Jai Shree Ram” or they will beat a Muslim person, while acting as part of a mob in a communal riot between Hindu and Muslim.”
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Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court
“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”
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Criticising abrogation of Art. 370 on WhatsApp status; wishing Independence Day to Pakistan not an offence under Section 153-A IPC: Supreme Court
“Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression. They must be sensitised about the democratic values enshrined in our Constitution”
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CAT grants interim protection to 17 KVS Primary Teacher (Music) candidates over ‘communication gap’ grievances, subject to final outcome
The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.
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For recovery alleging debtors of benami companies of notified person, onus of proof lies on Custodian: Supreme Court
“It is only after the Custodian discharged this primary burden and established the existence of the debt, then by virtue of Section 102 of the Evidence Act, perhaps, the onus could be shifted on to the appellants to rebut the same.”
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Delhi Court acquits accused under Section 138 NI Act on failure to establish debt adjustment
The complainant woefully failed to account for the amount of Rs 6,11,071/- which was due on him towards the accused. Therefore, it cannot be said that the amount represented on the cheque in question was a legally recoverable debt.
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Look-alike products undermine integrity of fair trade; Obligation upon e-commerce platforms to ensure that sellers’ complete details are available: Delhi HC
“Irreparable harm will be caused if injunction is not granted, as on online platforms and marketplaces, it is extremely easy for sellers to proliferate the images and continue to dupe customers.”
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Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege
“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”
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“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records
Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
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Delhi High Court rules suspension of Members of 7th Delhi Assembly as unlawful; Directs rejoining
Delhi High Court underscored the importance of upholding procedural fairness and constitutional principles in legislative proceedings while acknowledging the authority of the House to maintain discipline and order within its precincts.
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‘Mental illness not a choice’; Delhi High Court reinstates SSB constable dismissed from service for attempting suicide
“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”
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