Marital Rape Exception Based On Intelligible Differentia Of Marriage: Men Welfare Trust Argues Before Delhi HC

The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate J Sai Deepak representing Men Welfare Trust today concluded the rejoinder submissions opposing the criminalisation of marital rape before a bench of...

COVID-19: Rajasthan High Court, Subordinate Courts, Special Courts & Tribunals To Continue Functioning Through Virtual Mode Till 5 Feb

Amidst the rising threat of the third wave of Covid-19, the Rajasthan High Court has further extended its decision of functioning of its Principal Bench and Jaipur Bench only through virtual mode till 5 February 2022. In addition, the Registrar General of the Rajasthan High Court also issued a circular notifying the extension of virtual hearing at Subordinate Courts, Special Courts...

Akin To Power To Issue & Serve Summons Under Order V CPC: Rajasthan High Court Upholds Constitutionality Of S.70 Rajasthan GST Act 2017

The Rajasthan High Court has dismissed a plea challenging the vires of Section 70 of Rajasthan GST Act, 2017 which provides for Power to summon persons to give evidence and produce documents. Section 70 reads thus:"Power to summon persons to give evidence and produce documents.- (1) The proper officer under this Act shall have power to summon any person whose attendance he...

Cruise Ship Drug Case: "Will Open Pandora's Box" - NCB Opposes Independent Witness's Plea To Take Affidavit Against NCB Officials On Record

The Narcotics Control Bureau has opposed independent witness in the Cruise Ship Drug Case - Sonu Mhaske's claims of being threatened to sign on a blank panchnama. Aryan Shah Rukh Khan is one of the accused in this case. The agency sought dismissal of Mhaske's plea before the Special NDPS Court in Mumbai seeking to take cognisance of his affidavit in which he has levelled allegations...

Not Taking Treatment For Mental Issues To Bring Peace In Family Amounts To Cruelty To Spouse: Kerala HC Upholds Divorce Decree

While upholding a Divorce decree, the Kerala High Court recently observed that not taking treatment for mental issues in order to bring out a peaceful and harmonious family atmosphere, amounts to cruelty to the persons at the receiving end i.e., the Spouse.Since the couple in question hail from the Christian Community and the issue before the Court was related to as to what would...

Tanjavur Girl's Suicide: Madras High Court Reserves Order On Plea For CBI Probe

In a petition filed for transfer of investigation pertaining to the suicide of a 17-year-old girl, the Madurai bench of Madras High Court on Friday reserved the orders after hearing parties at length.The petition, filed by the father of the deceased girl, originally sought for investigation by the CB-CID. Today, the petitioner's counsel made an oral plea for CBI investigation, expressing lack...

Change Of Assessing Officer's Opinion Not Ground To Reopen Assessment U/S 147 Income Tax Act, Tangible Material Required: Bombay High Court

In a case under Section 147 of the Income Tax Act, 1961, the Bombay High Court has observed that where on consideration of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to reopen the assessment based on mere change of opinion. The Court further held that assessment can be reopened under Section 148 only on the reasonable belief...

'This Is Not Permissible': Delhi High Court On Advocate Attending Virtual Hearing While 'Driving Car'

The Delhi High Court today expressed its reservation at a lawyer appearing before it virtually, while driving his car.The development ensued in the Court of Justice Mukta Gupta while hearing the petition filed by former Aam Aadmi Party Councillor Tahir Hussain challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case.As Hussain's counsel...

Delhi Riots| Investigation Pending In 384 Out Of 758 FIRs: Police Tells High Court

The Delhi Police has informed the High Court that out of the 758 FIRs registered in connection with North East Delhi riots cases, investigation is pending in a total of 384 cases. The development came in an affidavit that was filed by the Delhi Police in a clutch of petitions filed by Ajay Gautam, regarding the violence due to Delhi riots and alleged hate speeches by political leaders. The...

'School Authorities Bypassed Statutory Procedure': Delhi HC Vindicates Rusticated Probationer In Cheating Case, Orders ₹15 Lakh Compensation

In a ruling that vindicates a terminated probationer battling civil and criminal proceedings by a private aided school for 26 years, the Delhi High Court has awarded compensation to the tune of Rs. 15 lakhs. Justice Jyoti Singh upheld and partly modified the Order of Delhi School Tribunal, quashing the dismissal order of the School Authorities due to not adhering to the relevant...

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The Court was adjudicating upon an appeal moved by former IPS officer Nazrul Islam seeking initiation of criminal proceedings...

PIL For Permanent DGP Makes Personal Allegations Against Sanjay Pandey : Bombay High Adds Him As Necessary Party

Three days after the Bombay High Court concluded hearing a PIL seeking appointment of a permanent Director General of Police (DGP) in Maharashtra, the court impleaded acting DGP Sanjay Pandey as a party. Chief Justice Dipankar Datta and Justice MS Karnik observed they had come across certain portions of the PIL where direct allegations were made against Pandey, making him a...