Consensual Sex Even After Refusal To Marry Does Not Amount To Rape: Madhya Pradesh HC [Read Judgment]

The Madhya Pradesh High Court recently quashed a 'rape case' against a man on the ground that the consent for sex was granted by the prosecutrix even after knowing very well that the accused would not marry her.The court also found that the prosecutrix was 'deeply in love' with the 'accused' and wanted to remain in his company. Therefore, the prosecutrix cannot turn around and claim that...

Rape And Murder Of 5 Year Old Girl: SC Sets Aside Death Penalty; Sentences Accused To 25Yrs Imprisonment [Read Order]

The Supreme Court recently commuted the death sentence awarded to a man accused of rape and murder of a minor girl of age five years.Initially, the Trial Court had imposed capital sentence convicting the accused [Dileep Bankar] for offences under Sections 363, 366, 376 and 302 of the Indian Penal Code. The High Court of Madhya Pradesh set aside this judgment of the trial Court and remanded...

Rajasthan Civil Judge Examination: Mains Postponed In Light Of High Court Judgment, Fresh Dates To Be Announced Soon [Read Judgment]

Mains Examination for recruitment of civil judges in the subordinate judiciary of Rajasthan scheduled on 27th and 28th of July 2019 has been postponed and fresh dates and time schedule of the Main examination will be announced soon. Background This came on the heels of Rajasthan High Court Judgment in case of Aarti Meena v. Rajasthan High Court wherein court decided on a batch of...

Non-Joining Of Public Witnesses At The Time Of Recovery Not Enough Reason To Doubt The Police Witnesses: Delhi HC[Read Order]

The Delhi High Court has held that merely non-joining of any public witness at the time of recovery of weapons does not raise doubt as to the truthfulness of the testimony of a police witness on the same point or discard their evidence While hearing an appeal pending before it challenging the order of conviction of the appellants by the Sessions Court under Section 302/34 Indian Penal Code...

Calcutta HC Rejects PIL To Declare Chanting Of Jai Sri Ram A Fundamental Right [Read Order]

"It is like searching for a black cat in a dark room, which is not at all there"

SC Agrees To Hear Plea Seeking Reforms On Shared Parenting Of Child In Divorce, Separation Cases

The Supreme Court Friday asked the Centre to respond to a plea seeking reforms on shared parenting of a child in cases of divorced or separated parents. A bench of Justices S A Bobde and B R Gavai issued notice to the Centre on the plea which has sought slew of directions to Child Welfare Committees (CWCs) and family courts for implementation of shared parenting in cases of...

Section 43 NDPS Act- Seizure By ASI Is Not Without Authority Of Law: Calcutta HC [Read Order]

Division Bench of Calcutta High Court held in case of Surajit Roy v. State that recovery of narcotic substance from a bag carried by the accused on a public road attracts Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and seizure of the contraband by the Assistant Sub Inspector of Police under such circumstances does not suffer from lack of...

Senior Advocate Jagdeep Dhankhar Made West Bengal Governor

Jagdeep Dhankhar, Senior Advocate, Supreme Court, has been appointed as the new Governor of West Bengal, replacing Keshari Nath Tripathi. Dhankhar is a former Lok Sabha MP from Jhunjhunu, Rajasthan during 1989-91, and former Minister in Central Government (1989-91), former Member of Legislative Assembly (MLA) from Kishangarh, Rajasthan, and former President of Rajasthan High Court Bar...

Delhi High Court to Hear Plea Seeking Decriminalization of Cannabis Usage

A PIL has been filed in the Delhi High Court challenging the prohibition and criminalization of the use of cannabis in India. The petition filed by an NGO named 'Great Legalisation India Movement Trust' has challenged the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Narcotic Drugs and Psychotropic Substances Rules, 1985, which prohibit and criminalize the use...

NIA Act- It Would Be A Traversity Of Justice If A Convict's Appeal Is Not Heard On Merits On Account Of Bar Of Limitation: Delhi HC [Read Judgment]

In a significant judgment upholding rights of accused especially the right to liberty, Delhi High Court allowed the application of an accused person namely Farhan Sheikh while condoning the delay in filing and re-filing the appeal saying appellant has shown "sufficient cause" for the delay. Bench of Justice Vipan Sanghi and Justice I.S.Mehta while passing the judgment noted that they...

Kerala HC Issues Notice On PIL Challenging Lulu Mall Construction at Akkulam [Read Order]

The High Court of Kerala has issued notice on a Public Interest Litigation challenging the construction of a shopping mall by Lulu International Shopping Mall Pvt Ltd at Akkulam in Thiruvananthapuram district.The petitioner M K Salim, a Kollam resident, alleges that environmental clearance has been illegally granted for the project.According to the petitioner, the proposed mall has a carpet...

Samjahuta Blast: Appeal Filed Against Acquittal Of Aseemanand, 3 Others

Pakistan national Rahila Vakil, who claimed that her father was one of those killed in the Samjhauta Express blast in 2007, filed a plea before the Punjab and Haryana High Court, challenging the acquittal of Swami Aseemanand and three others in the case. Vakil filed the appeal before the high court through her counsel Momin Malik. "The appeal was filed by me on her behalf before...