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The Court stated that the impugned order under review misunderstood the nature of cut-off marks as immutable rather than subject to change based on eligibility criteria.
“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”
“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”
“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”
The Court criticised the investigating officer and the treating doctor for not informing the survivor’s family about the pregnancy and the option for termination, considering the survivor’s minor status and health risks.
The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.
The MP High Court provided compensation of Rs 50 lakh under Mukhyamantri COVID -19 Yoddha Kalyan Yojna and also imposed a cost of Rs. 1 lakh for unnecessary harassment.
The petitioner claimed he had only received Rs 8 lakh out of the total Rs 64 lakh owed to him for erecting tents during the 2019 Lok Sabha elections and the Anuppur Assembly by-elections.
The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.
“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”
Commissioner of the MP Rajya Rojgar Guarantee Commission confirmed the corruption allegations after investigation and submitted a report instructing the Collector to act.
“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”
MP High Court held that any agreement restricting a party from pursuing legal proceedings is void, thereby, rendering respondent’s undertaking not to take legal action against the applicants invalid.
MP High Court held that the writ petition is maintainable due to the pure legal questions involved regarding the applicability of SARFAESI Act provisions to HFCs for amounts below the Rs. 20 Lakhs threshold.
MP High Court noted that even if the receipt book was not an EFT Book, it had the seal of the North-Central Railway, creating the impression of official railway documentation.
Belonging to an illustrious family of freedom fighters and eminent jurists, Justice Ravi Vijaykumar Malimath who retires on 24-05-2024, has carved his niche in the legal echelons with an exceptional track record of case disposal.
MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.
MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.
MP High Court noted that during the last hearing on 07-05-2024, the Court explicitly stated that the case would be taken up at 2:15 P.M., however, the respondents’ counsel failed to appear before the Court, demonstrating non-cooperation.
A quick legal roundup to cover important stories from all High Courts this week.