The Supreme Court held that a consensual relationship, even if followed by a breach of a promise to marry, does not amount to rape under under Section 376 of Indian Penal Code, 1860, unless it is proved that the promise was false from the beginning. The appellant, Jaspal Singh Kaural, was accused of engaging in sexual […]
Breach of Promise to Marry is Not Always Rape-sec 376 IPC-Sec 227 CrPC Read More »
The Supreme Court held that in cases where a court has relied on circumstantial evidence, it must compare the prosecution’s evidence with that of the defence. Where two views exist, the one favouring the accused should be taken. Vaibhav, the accused, claimed that he found Mangesh, the deceased, in a pool of blood along with
The Supreme Court held that a preliminary enquiry in corruption cases, while desirable, is not mandatory under the Prevention of Corruption Act, 1988. The Court was hearing appeals against a Karnataka High Court decision which had quashed an FIR against Sri Channakeshava H.D., a public servant accused of corruption. The High Court noted that the Superintendent
The Supreme Court emphasised that anticipatory bail should not be granted to persons accused of serious economic fraud under Section 212(6) read along with Section 447 (Punishment for fraud) of the Companies Act, 2013. The Punjab and Haryana High Court granted anticipatory bail to individuals accused by the Serious Fraud Investigation Office (SFIO). The SFIO was
Anticipatory Bail in cases of Financial Fraud- IPC/ CrPC / Companies Act 2013 Read More »
The Supreme Court held that a restitution of conjugal rights decree does not absolve a husband from paying maintenance under Section 125 of the Code of Criminal Procedure (CrPC), if the wife has valid reasons to live separately. Rina Kumari married Dinesh Kumar Mahto in 2014 but left in 2015, citing cruelty, dowry demands and lack of basic amenities.
Maintenance Despite Restitution of Conjugal Rights-section 125 CrPC Read More »
The Supreme Court held that it is not bound to limit its scope while hearing an appeal. It may expand the merits of the case if required, under its power to do “complete justice” under Article 142. The Court was hearing an appeal filed by Biswajit Das, a Development Officer of Life Insurance Corporation of India,
The Supreme Court held that the transfer of a prisoner from one jail to another is an administrative decision. Therefore, Courts must interfere in the matter sparingly. A decision to transfer a prisoner is not arbitrary if a profound rationale supports it. The respondent, Vikash Tiwary, a gangster, was serving life imprisonment at Lok Nayak
The Supreme Court held that High Courts lacked the jurisdiction to grant an interim order at that stage of the second appeal without framing the substantial question of law as required by Section 100 of the Civil Procedure Code, 1908. The case originated from a suit filed by C. Yashoda, the respondent, before a Trial Court,
Framing Substantial Question of Law Essential to Pass Interim Order -CPC Read More »
The Supreme Court held that not presenting a person taken into custody by the Enforcement Directorate (ED) for a crime under the Prevention of Money Laundering Act, 2002, within 24 hours is illegal. Subash Sharma, the respondent in the case, was taken into custody by the ED at 11:00 am on 5 March. However, he was
Arrest under PMLA cannot Violate Fundamental Rights Read More »
Issue relating to whether Family Court has jurisdiction to try application filed by a divorced Muslim woman for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 and whether Family Court can convert the petition for maintenance under S. 125 CrPC to one under S. 3 or S. 4 of the 1986
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