Supreme court
Assumption That Wife Forced To Have Sex With Husband Feels Same Degree Of Outrage As Woman Raped By Stranger Is Unrealistic : Justice Hari Shankar
Delivering a split verdict in pleas seeking criminalisation of marital rape, Justice C Hari Shankar of Delhi High Court, who upheld the constitutional validity of marital rape exception (exception 2 to Section 375 of the Indian Penal Code), held that there is no inherent fundamental right in the wife to have her husband convicted for rape, relatable to Article 21, 19 or any other Article in...
5 Reasons Why Striking Down Marital Rape Exception Will Not Create A New Offence : Justice Rajiv Shakdher Explains
Delivering a split verdict while disposing of a bunch of pleas seeking criminalisation of marital rape, Justice Rajiv Shakdher of Delhi High Court, who ruled in favour of striking down the marital rape exception, has observed that striking down the marital rape exception would not result in creation of a new offence.The judge was responding to the respondents' argument that the striking down...
Supreme Court Sets July 25 Deadline For Allahabad HC To Decide 350 Bail Applications Of Convicts Serving Sentence For Over 10 Years
The Supreme Court, on Monday, urged the Allahabad High Court to take up 350 bail applications of convicts incarcerated for 10 years or more pending before it as on 22.04.2022, in one go and decide them by 25th July. Considering the urgency in adjudication of the bail applications, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh stated that if required the matters can...
Order XXVI Rule 11 CPC - Commissioner's Report Non-Adjudicatory In Nature ; Only An Opinion or Noting : Supreme Court
The Supreme Court observed that a court appointed commissioner's report is only an opinion or noting and are 'non-adjudicatory in nature'.The parties can contest an expert opinion/commissioner's report, and the court, after hearing objections, can determine whether or not it should rely upon such an expert opinion/commissioner's report, the bench of Justices Sanjiv Khanna and Bela M....
How Supreme Court's Order Has The Effect Of Suspending Sedition Cases Under Section 124A IPC?
The order passed by the Supreme Court today has the effect of suspending all pending and future cases for the offence of sedition under Section 124A of the Indian Penal Code, although there is no clear direction that fresh FIRs under this provision should not be registered.Saying that the Union of India has also agreed with the Court's prima facie opinion that Section 124A IPC was intended...
NEET BDS 2021: Supreme Court Seeks Centre's Response In Plea To Reduce Percentile For Qualification
The Supreme Court on Wednesday sought Center's response in a petition preferred by BDS aspirants challenging the Ministry of Health and Family Welfare's notice dated May 7 of refusing to lower the percentile for qualification of NEET BDS Course for the academic session 2021-2022. The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant while issuing notice in the plea asked...
IBC - Moratorium Period Can Be Excluded In Computing Limitation Period In A Suit/Application By Corporate Debtor: Supreme Court
The Supreme Court has held that the entire period during which the moratorium was in force in respect of corporate debtor can be excluded while computing the period of limitation for a suit or proceeding by the corporate debtor.In this case, the appellant, had approached the Apex Court challenging the Delhi High Court's order allowing the application filed by respondent corporate debtor...
Centre Agrees That Section 124A IPC Was Intended For Colonial Rule, Says Supreme Court In Sedition Case Order
In the historic order which effectively put a freeze on pending and future cases for sedition under Section 124A of the Indian Penal Code, the Supreme Court made a significant observation that the Union Government also agrees that it is a provision which is not in tune with the current social milieu and that it was intended for the colonial rule.The 10-page order extracted in full the...
Breaking: Delhi High Court Passes Split Verdict On Criminalizing Marital Rape, Justice Rajiv Shakdher Holds Exception 2 Of Section 375 IPC Unconstitutional
The Delhi High Court on Wednesday passed a split verdict on 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.Justice Rajiv Shakdher has held that the exemption to the husband from the offence of marital rape is unconstitutional. Exception 2 of 375, 376B IPC ...
Section 420 IPC - Cheating Case Liable To Be Quashed If No Allegation Of Dishonest Inducement Is Made Against Accused: Supreme Court
The Supreme Court observed that, to make out a case against a person for the offence under Section 420 of the Indian Penal Code, there must be a dishonest inducement to deceive a person to deliver any property to any other person.In this case, the complainant lodged a complaint against one Kamalesh Mulchand Jain (husband of Rekha Jain), alleging, interÂalia, that ...
Supreme Court Raises Eyebrows At UP Police Registering New FIR Against Azam Khan Soon After He Gets Bail
The Supreme Court, on Wednesday, expressed concern about 'the coincidence' that as and when Samajwadi Party MLA, Azam Khan secures bail, a new case is registered against him. At the request of the Additional Solicitor General, Mr. S.V. Raju, the Bench comprising L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, granted time to the State Government to file a reply and adjourned...