"Subsequent Marriage Between Man & Woman Does Not Waive Off Offence Of Rape": Delhi HC Refuses To Quash Rape FIR

The Delhi High Court recently refused to quash an FIR involving rape charges against a man after observing that subsequent marriage between a man and a woman does not waive off the offence of rape.A single judge bench comprising of Justice Mukta Gupta dismissed the petition filed by a man seeking quashing of FIR registered under sec. 376 (punishment for rape) and 506 (Punishment for...

Religion An Object Of Devotion Which Can't Be Tied To Any Particular Worship System; 'Akbar-Jodha' A Good Example: Allahabad High Court

The Allahabad High Court recently observed that Religion is an object of devotion and it can't be tied to any particular worship system and that a good example of this is, Emperor Akbar and his wife Jodha Bai. The Bench of Justice Shekhar Kumar Yadav observed thus while refusing to grant bail to one Javed who has been accused of unlawfully converting a Hindu girl to Islam,...

No Place For Religious Fanaticism, Greed & Fear In Country: Allahabad HC Denies Bail To Man Accused Of Unlawfully Converting Woman To Islam

Stressing that there is no place for religious fanaticism, greed, and fear in our country, the Allahabad High Court recently observed that if a person from the majority community converts his/her religion after getting insulted, then the Country becomes weak and the destructive powers source benefits from it. The Bench of Justice Shekhar Kumar Yadav was dealing with the Bail plea of...

Rape Survivor Moves Supreme Court Seeking Permission To Marry POCSO Convict Ex-Catholic Priest

The survivor of the Kottiyoor rape case from Kerala has approached the Supreme Court expressing willingness to marry the former Catholic priest Robin Vadakkumchery, who was sentenced to 20 years imprisonment under POCSO for raping and impregnating her while she was a minor.The woman was filed an application in the special leave petition filed by Robin Vadakkumchery challenging the refusal of...

[Live-In] "Court Is Guardian Of Tender Aged Girls Who File Protection Plea Without Knowing The Consequences": HC Directs Magistrate To Check If Girl Is Capable Of Taking Decision

The Punjab & Haryana High Court has observed that Court is also the guardian of the minor girls or the girls of tender age, who may be enticed away by a male person due to infatuation of tender age and without knowing the consequences of filing a petition based on live-in-relationship.The Bench of Justice Arvind Singh Sangwan further observed where the girl is either minor or of tender...

Senior, Even Though Less Meritorious, Shall Have Priority: Supreme Court Explains Seniority Cum Merit Principle For Promotion

Seniority-­cum-­merit means that given the minimum necessary merit requisite for efficiency of administration, the senior though the less meritorious shall have priority, the Supreme Court reiterated in a judgment delivered this week. In this case, the appellants were promoted to the post of Leading Fireman under the Bhakra Beas Management Board Class ­III and Class­ IV...

Provision Declared Unconstitutional Doesn't Get Wiped Out From Statute Book; Only Becomes Unenforceable; Can Be Re-Enforced Once Defects Are Cured : Delhi High Court

The Delhi High Court has held that when a provision is declared unconstitutional, it does not get repealed or wiped out; if the defects are cured through amendment, it will become enforceable. The Court noted that if defects are cured the entire Section doesn't need to be re-enacted to be re-enforced. The Court made these observations in relation to Section 45 of the Prevention of...

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman

The Delhi High Court last week denied anticipatory bail to a woman, who is involved with a matter wherein her estranged husband had placed reliance on a forged court order in bail proceedings against him before the Delhi High Court.The Bench of Justice Mukta Gupta denied the pre-arrest bail application of one Leenu Singh who submitted before the Court that the alleged forged bail order had...

Delhi High Court Seeks GNCTD's Reply On Qualification Prescribed For Signing Of Laboratory Reports By Medical Practitioners

The Delhi High Court on Friday asked the Delhi Government if it has complied with the 2017 directions of the Supreme Court, setting out the desired qualifications for Laboratory Technicians.While hearing a plea against mushrooming of illegal/ unauthorized laboratories in the national capital, a Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh asked the Delhi Government...

'At Least 18% Indians Victims ' : Plea In Supreme Court Seeks Guidelines To Curb Online Banking Frauds

A writ petition has been filed before Supreme Court seeking directions to the government to frame legislative policy to ensure better investigation of online banking frauds and create a specialised investigation agency to deal with such matters, stressing on necessity to get remedy to deal with increasing number of such cases.The petition seeks appropriate directions to the Centre, Reserve...

'Conflicting Judgments By High Courts": Supreme Court Issues Notice On Plea Challenging Allahabad HC Order On Rule 9 Of Motor Vehicles Rules

The Supreme Court on Thursday issued notice on a Special Leave Petition (SLP) challenging the final order passed by the Allahabad High Court wherein the High Court had failed to appreciate that an identical legal issue involving the interpretation of Rule 9 of the Motor Vehicles Rules, 1989 was already pending consideration before the Supreme Court (New India Assurance Co Ltd. V. Lakshmi...

COVID 19- Himachal Pradesh HC Seeks Response On Availability Of Medical Facilities In Every District; Number Of Doctors & Paramedical Staff

The Himachal Pradesh High Court has sought response of District Commissioners of all districts in the State to furnish details on the availability of medical facilities in every district and also on the number of doctors and paramedical staff posted in the districts.A division bench comprising of Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua gave one week's time to...