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The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.
The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.
When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused
Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.
The Director of Seashore Group of Companies was seeking Transfer of Criminal Cases pending against before various Courts to CBI Court as the CBI Court had clubbed other 22 FIRs pending against him.
The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.
The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.
The Seven Supreme Court collegium resolutions were passed on 05-07-2023.
The Court said that continuation of such criminal case against the Petitioner, who is an Input Editor of OTV, was likely of having a chilling effect on freedom of the Press.
The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.
The Court was of the considered view that the offences punishable under Sections 302, 506, 201, 204 of the IPC were prima facie, not made out.
A quick legal roundup to cover important stories from all High Courts this week.
The Court gave a slew of directions to ensure the smooth and peaceful darshan of the deity during Anasara.
A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases.
The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.
The temple is normally very crowded during the Anavasara Period and therefore, the court has directed the authorities concerned to ensure effective handling of the crowd.
The Court said that failure to possess an Aadhaar Card or a mobile phone or a proper ‘identity’ paper of a particular kind cannot become obstacles to availing the benefits under the Schemes as it can result in a child, or a family being denied the basic support in terms of food and supplements.
Provocative slogans were raised giving rise to communal disharmony leading to arson and bloodshed during the procession on the occasion of Hanuman Jayanti.
The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.