Long Term Consensual Physical Relationship Doesn't Mean Consent Was Purely Based On Promise To Marry: Delhi HC Sets Aside Rape Conviction

The Delhi High Court has recently said that if a consensual physical relationship continues for a long period, it cannot be said that the woman's consent was purely based on the promise to marry.Justice Jasmeet Singh observed that for convicting a person for the offence of rape on false pretext of marriage, there must be a clinching and clear evidence that physical relations were established...

Indiscriminate River Sand Mining Affects Drinking Water Supply: Karnataka High Court Asks State To Monitor Rivers Via Satellite Imagery

The Karnataka High Court has asked the State government to implement a system which could give real time feedback on any changes, which occur to river banks and or sand bars in the State of Karnataka.Justice Suraj Govindaraj has said “It is high time that the available technology is harnessed to address these kind of issues and the State of Karnataka implements a satellite based imagery...

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that there were many NDPS cases pending before...

Traffic Congestion: Madhya Pradesh High Court Orders Dismantling Of BRTS Corridor In Indore City

While hearing a plea in nature of Public Interest Litigation questioning the utility and necessity of construction of Bus Rapid Transit System (BRTS Corridor) in the city of Indore, the Madhya Pradesh High Court has directed the State to remove the BRTS corridor as it has lost its utility in the present day scenario.The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek...

Bombay High Court Weekly Round-Up: February 24 – March 02, 2025

2025 LiveLaw (Bom) 72 to 2025 LiveLaw (Bom) 80Nominal Index:Rupchand Shende vs State of Maharashtra, 2025 LiveLaw (Bom) 72Oxford University Press v. DCIT, Int. Tax Circle 3 (2)(2) & Ors., 2025 LiveLaw (Bom) 73Systra MVA Consulting (India) Pvt. Ltd. vs. Mumbai Metropolitan Region Development Authority, 2025 LiveLaw (Bom) 74Hanumant Naik vs State of Maharashtra, 2025 LiveLaw (Bom)...

Women Face Harassment In Public Even After Decades Of Independence, Real Empowerment Begins With Right To Move Freely: Delhi HC

The Delhi High Court has observed that even after decades of independence, women face harassment in public spaces and emphasised that real empowerment begins with the right to live and move freely without fear. “The facts of the present case reflect a deeply concerning reality—that even after decades of independence, women continue to face harassment in public spaces, including...

Kerala High Court Weekly Round-Up: February 24 - March 02, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 131-148]Sharanya v State of Kerala, 2025 LiveLaw (Ker) 131Sarika S. v Radhamma and Others, 2025 LiveLaw (Ker) 132Linimol K v Union of India, 2025 LiveLaw (Ker) 133x v The Deputy Superintendent of Police and Another, 2025 LiveLaw (Ker) 134Sajitha Abdul Nazar v Union of India, 2025 LiveLaw (Ker) 135Dr Ditto Tom P. v State of Kerala, 2025 LiveLaw...

Banks Can Initiate Proceedings Under SARFAESI Act To Recover Loan If It Wasn't Party To Resolution Plan: Kerala High Court

The Kerala High Court bench of Justice Gopinath P. has held that a bank can initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to recover outstanding dues if it was not a party to the resolution plan approved under the Insolvency and Bankruptcy Code, 2016. The Court clarified that the bar...

SCN & Orders Not Containing Signature Of Proper Officer Cannot Sustain Judicial Scrutiny: Telangana High Court

The Telangana High Court stated that the show cause notices and the orders which are not pregnant with the signature of the Proper Officer cannot sustain judicial scrutiny. The Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara observed that “since Rule and prescribed Forms mandate requirement of signature of Proper Officer, its violation makes...

[CGST ACT] Dept Can't Seize Goods If Quantity Or Weight Of Goods Is Found Correct On Physical Verification: Calcutta High Court

The Calcutta High Court stated that GST department cannot seize the goods if the quantity or weight of the goods is found correct on physical verification. The Division Bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya noted that the quantity or the weight of the goods, which were carried in the vehicle, has been found to be correct by the department on...

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her observed, “The report of the City Civil Judge, Special Court...

[Arbitration Act] Pre-Referral Jurisdiction Of Court U/S 11(6) Includes Inquiry On Whether Claims Are Ex-Facie & Hopelessly Time Barred: Calcutta HC

The Calcutta High Court Bench of Justice Shampa Sarkar has held that while the scope of adjudication by referral court is limited and entails a mere examination of whether the arbitration agreement exists or not, the referral court is not precluded from examining whether the claim is deadwood or ex facie barred. Background Facts The agreement between the parties was entered into...