Latest News
Order 6 Rule 4 CPC Cannot Be Invoked To Effect An Amendment In Written Statement: J&K&L High Court
The Jammu & Kashmir & Ladakh High Court recently ruled that an application filed under the provisions of Order VI Rule 4 of Civil Procedure Code has to be specific in exemplifying the details about allegations of misrepresentation, fraud or wilful default and this provision cannot be enlarged to effect an amendment to the written statement. A bench comprising Justice...
'Unnecessary Harassment': Rajasthan High Court On Trial Court's Failure To Decide Withdrawal Application Of Bailable Offence
The Rajasthan High Court expressed its displeasure over the trial court's explanation for not allowing the prayer of the petitioner-wife to withdraw the complaint against her husband Rajendra Sharma for the offence punishable under Section 494 IPC.The court ordered that a copy of explanation of the trial court, which was contrary to the situation borne out from the material on record, be...
Consent Obtained For Sex In Second Marriage Without Disclosing First Marriage Prima Facie Constitutes Rape: Bombay High Court
Consent obtained for sex in a second marriage without disclosing first marriage would prime facie constitute rape, the Bombay High Court held refusing to discharge the 'husband' in a rape case filed by a Marathi actress. Justice N.J. Jamadar held that prima facie, clause four of section 375 of the Penal Code under which the offence of rape is defined seems to be attracted in the...
Writ Of Mandamus Not A Remedy Against Private Wrongs, Court Cannot Interfere With Private Body's Internal Management: Delhi HC
Observing that the writ of mandamus is not a remedy against private wrongs, the Delhi High Court has observed that such a writ's scope is against the private authority which might be performing a public duty limited to the enforcement of such public duty. Further adding that the Court cannot interfere with the internal management of a private body in a writ of mandamus, a division...
Addl. CMM Not Subordinate To CMM In Exercise Of Judicial Powers: Supreme Court
The Supreme Court observed that Additional Chief Metropolitan Magistrate cannot be said to be subordinate to the Chief Metropolitan Magistrate in so far as exercise of judicial powers are concerned."Chief Metropolitan Magistrate in addition, may have administrative powers. However, for all other purposes and more particularly the powers to be exercised under the...
Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court
The Supreme Court observed that the beneficial provision of Section 436A of Criminal Procedure Code could be invoked by the accused arrested for offence punishable under the Prevention of Money Laundering Act, 2002 Act.Section 436A CrPC needs to be construed as a statutory bail provision and akin to Section 167 CrPC, the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT...
Uddhav Faction Moves Supreme Court Against Lok Sabha Speaker's Decision Approving Rahul Shewale As Shiv Sena's Floor Leader
The Uddhav Thackeray group of the Shiv Sena has approached the Supreme Court challenging the decision of the Lok Sabha Speaker, Om Birla in approving MP Rahul Shewale of the Eknath Shinde group as the party's floor leader.The petitioners are aggrieved with the Speakers' decision to illegally, arbitrarily and unilaterally remove them as the Shiv Sena's Leader as well as the Chief...
Failure To Disclose Impotency Before Marriage: Madras High Court Directs Police To Register Offences For Cheating
Allowing an application for alteration of FIR filed by an estranged wife, the Madras High Court recently directed the respondent police to register offences under Section 417 and 420 of IPC for cheating against the husband who deceived the wife by non-disclosing his impotency. Justice V Sivagnanam of the Madurai Bench directed the respondent police to add the offences along with...
PIL In Bombay High Court Challenges Maharashtra Govt Decision To Change Name Of "Aurangabad" As "Chhatrapati Sambhajinagar"
Three Aurangabad residents have filed a PIL in the Bombay High Court against the Maharashtra Government's decision to change their city's name from Aurangabad to Chhatrapati Sambhajinagar, after the son of Maratha warrior Shivaji Maharaj."It is a painful fact of history that Chhatrapati Sambhaji Maharaj was killed under the command of Aurangzeb as per political ethos and expediency of...
Supreme Court Bench Led By Justice Chandrachud To Hear Plea Against Aarey Tree Felling
The Chief Justice of India on Wednesday directed the listing of the petition challenging the cutting of trees in Aarey in Mumbai before a bench led by Justice Chandrachud.The matter was mentioned before the CJI for urgent listing by Senior Advocate Anita Shenoy who said that cutting of trees has been going on since July 25.In 2019, the Supreme Court had registered a suo motu case titled "In...