MP High Court quashes Rape case lodged by Honey trap racket operator
The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.
The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.
‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
The petitioner’s license was suspended based on inspection by the National Child Protection Commission disclosing employment of 59 minor children.
A quick legal roundup to cover important stories from all High Courts this week.
Justice Sanjeev Sachdeva will begin to perform the duties of Acting CJ consequent upon appointment of Justice Sheel Nagu, as the 66th Chief Justice of the Punjab and Haryana High Court.
In December 2023, the Supreme Court Collegium recommended Justice Sheel Nagu as the next Chief Justice of Punjab and Haryana High Court after the retirement of former Chief Justice, Justice Ravi Shanker Jha.
MP High Court affirmed the candidates’ right to access information about the performance of other candidates as part of a public activity.
‘Section 86(6) of the Representation of the People Act, 1951, mandates the trial of an election petition to continue from day to day unless adjournment is necessary.’
Section 7(5) of the Waqf Act, 1995 states that the Wakf Tribunal does not have jurisdiction over matters that were already the subject of a suit or proceeding in a civil court before the commencement of the Act.
The Bar Association wanted the State Government to bear the electricity expenses of the Bar rooms used for setting the client, conference rooms, etc. in the accommodation within the court premises.
The petitioner is suffering from end stage chronic liver disease, his liver is severely affected and if treatment of transplant of tissue of liver is not done then there is danger to his life.
The Court held that unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void under Section 34 of the Arbitration and Conciliation Act, 1996
The Court held that the proceedings under Section 138 of the Negotiable Instruments Act, 1881 are penal in nature and not akin to civil recovery proceedings.
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.