consent

J&K HC | Inter-caste marriage between two consenting adults – integral part of right to choice under Article 21 – authorities to ensure protection of such couple

Jammu and Kashmir High Court: The Bench of Sanjay Kumar Gupta, J. allowed a petition seeking protection, filed by a couple who

Published on May 6, 2019May 9, 2019By Bhumika Indulia

3 Comments3515 views

Case Briefs High Courts

Ker HC | Requirement of landlord’s consent for renewal of trade licence can be dispensed when relations between landlord and tenant are strained

Kerala High Court: The Division Bench of Hrishikesh Roy and A.K. Jayasankaran Nambiar. JJ. dismissed a writ appeal filed by landlord against

Published on February 12, 2019February 13, 2019By Bhumika Indulia

J&K HC | Charges not established against rape accused since victim’s consent was established through circumstantial evidence

Jammu and Kashmir High Court: The Bench of Gita Mittal, CJ and Tashi Rabstan, J. dismissed the application filed to assail the

Published on February 2, 2019February 4, 2019By Bhumika Indulia

Bom HC | Under S. 34 of A&C Act, Court has to see whether the view taken by Arbitrator is a judicially possible view

Bombay High Court: The Bench of S.C. Gupte, J. while addressing an arbitration petition challenging the award passed by a sole arbitrator,

Published on January 23, 2019January 24, 2019By Bhumika Indulia

Consent of complainant required for compounding of offence under Section 138 of Negotiable Instruments Act, 1881

Punjab and Haryana High Court: A Single Judge Bench of Rajbir Sehrawat, J., dismissed the three petitions which were addressed together involving

Published on November 19, 2018December 3, 2018By Bhumika Indulia

2 Comments10614 views

Case Briefs High Courts

Refusal of father to accept marriage does not amount to false pretext by accused; rape convict acquitted in light of ‘consent’

Calcutta High Court: A Single Judge Bench comprising of Rajasekhar Mantha, J. allowed an appeal filed by the appellant against of the

Published on September 24, 2018September 28, 2018By Bhumika Indulia

Accused acquitted of Section 376 IPC as victim was capable of consenting under law in force at time of incident

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. allowed a criminal appeal filed against the order of the

Published on August 21, 2018August 24, 2018By Bhumika Indulia

Using consent for dissolution of marriage to gain advantage in other litigations constitute ‘cruelty’ under Hindu Marriage Act

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. allowed an appeal filed under Section 28 of Hindu

Published on August 18, 2018August 20, 2018By Bhumika Indulia

Decree passed by Court of Queen’s Bench of Alberta, Canada confirmed by Bombay HC

Bombay High Court: A Single Judge Bench at Goa comprising of C.V. Bhadang, J., confirmed the decree of dissolution of marriage between

Published on July 30, 2018August 2, 2018By Bhumika Indulia

3 Comments3400 views

Case Briefs Supreme Court

Rape accused granted bail on finding the sexual relationship to be “consensual”

Supreme Court: The Bench comprising of Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ. upheld the bail granted to a

Published on June 27, 2018June 27, 2018By Bhumika Indulia

Decree of divorce by mutual consent is appealable where the consent itself is disputed

Allahabad High Court: An appeal filed by the wife against the decree of divorce by mutual consent, was allowed by a Division

Published on June 1, 2018June 25, 2018By Saba

Consent for sexual intercourse under misconception of fact is not free consent

Madhya Pradesh High Court: A Single Judge Bench comprising of Sushil Kumar Palo, J. dismissed a petition after observing the factual and

Published on May 15, 2018June 19, 2018By Saba

Consent already manifest in Hindu Marriage Act; No interference warranted: SC

Supreme Court: The Bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ refused to interfere with the provisions of

Published on April 11, 2018By Prachi Bhardwaj

Consent for sexual intercourse, of a girl aged 14 years is immaterial and it is rape under POCSO Act

Karnataka High Court: While deciding a criminal petition filed under Section 439 of CrPC, a Single Judge Bench of Budihal R.B., J.

Published on October 14, 2017October 27, 2017By Saba

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Case Briefs High Courts

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