Rape On Woman's Dead Body Will Not Attract Section 376 IPC: Karnataka High Court

The Karnataka High Court has held that sexual assault on the dead body of woman will not attract the offence of Rape punishable under Section 376 of Indian Penal Code. It thus acquitted a man of rape charges for committing sexual assault on the dead body of a 21 years old girl, after murdering her.A division bench of Justice B Veerappa and Justice Venkatesh Naik T partly allowed the appeal...

BREAKING: [Gyanvapi] Allahabad HC Dismisses Masjid Committee's Plea Against Maintainability Of Hindu Worshippers' Suit In Varanasi Court

The Allahabad High Court today dismissed the revision plea moved by the Anjuman Intazamia Mosque Committee (which manages the Gyanvapi Mosque in Varanasi) challenging a Varanasi Court order (of September 12, 2022) dismissing its Order 7 Rule 11 CPC plea that was filed last year objecting to the maintainability of Hindu Worshippers' suit filed in Varanasi Court seeking worshipping rights...

Adani-Hindenburg : Did The Supreme Court Panel Ask The Right Questions?

To get the right answers, one needs to ask the right questions.The expert committee constituted by the Supreme Court in the Adani-Hindenburg case has made a prima facie finding that there is no regulatory failure on the part of the Securities and Exchange Board of India (SEBI) in relation to the Adani group of companies. However, a reading of the 173-page report leaves an impression that the committee has omitted to ask certain right questions. At some places, it seems that the committee has...

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members

The Supreme Court on Wednesday directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she did not wish to live with her family. The case before the vacation...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-VI]

Q.20 What is the position regarding a “gift with a condition” ? Ans. If the condition superadded to the grant which has been made absolute, derogates from the absoluteness of the grant, the condition will be invalid and not the grant. (this aspect has already been dealt with under Q. No: 10.3) Q.21 Can there be gift of a “life-estate” under Muslim Law ? Ans. ...

Education Loan Cannot Be Rejected For Low CIBIL Score Of Student: Kerala High Court

The Kerala High Court on Tuesday held that an application for education loan by a student could not be rejected on the ground of a low CIBIL (Credit Information Bureau (India) Limited) score. Justice P.V. Kunhikrishnan cautioned banks to adopt a 'humanitarian approach' while considering applications for education loans. "Students are the nation builders of tomorrow. They have to lead this...

Breaking | Lawyer's Plea Against Permanent Benches Of Karnataka High Court At Dharwad & Kalaburagi Dismissed

The Karnataka High Court on Tuesday dismissed a public interest litigation seeking to strike down as unconstitutional the orders establishing permanent benches of the High Court at Dharwad and Kalaburagi (earlier Gulbarga).A division bench of Justice B Veerappa and Justice K S Hemalekha observed that the benches had in fact rendered "distributive justice" to all the regions and thus, the...

State Doesn't Owe Loyalty To Any One Religion; Constitution Doesn’t Allow Preferential Treatment To Religious Majority: Justice BV Nagarathna

The State does not owe loyalty to any one religion and the Constitution requires that the religious majority in the country shouldn’t enjoy any preferential treatment, Supreme Court Judge Justice BV Nagarathna underscored on Tuesday. “Secularism in the sense that it meant under the Indian Constitution is that the State does not owe loyalty to any one religion. The State equally respects...

Supreme Court Criticises "Trend" Of Seeking Bail In Money Laundering Cases Under Guise Of Challenging PMLA Provisions

The Supreme Court on Tuesday criticised the trend of petitioners bypassing other remedies and filing Article 32 petitions before the Apex Court to directly challenge summons or seek bail under the pretence of challenging the provisions of the Prevention of Money Laundering Act (PMLA). The vacation bench comprising Justice Bela M Trivedi and Justice Prashant Kumar Mishra was hearing a batch...

Judicial Independence Demands Judges Be Insulated From Political Pressures : Supreme Court Judge Justice BV Nagarathna

Justice BV Nagarathna on Tuesday opined that in order to uphold judicial independence, Judges must be free from partiality and political pressures. “Independence of the Judiciary is one of the most cherished ideals of the Constitution. Judicial independence demands that judges need to be impartial and insulated from political pressures. In my personal view, ultimately it is the personality...

Supreme Court Sentences NRI Father To 6 Months Imprisonment, Imposes Rs 25 Lakhs Fine Violating Directions To Bring Minor Son To India

The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect.The bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said that the...

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation (PIL) petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment. The petition has been filed by the Bombay Lawyers Association with the objective of “upholding...