Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court

Mere refusal to marry a woman after a long relationship would not constitute the offence of 'cheating' under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for sex, the Bombay High Court held. Justice Anuja Prabhudessai observed that in the instance case the couple had indulged in sexual relations for over three...

Plea In Delhi High Court Challenges Complete Ban On Gatherings At Religious Places During Christmas, New Year

A petition has been filed in the Delhi High Court challenging the orders of Delhi Government imposing a complete ban on religious gatherings during Christmas and New Year at religious places of worship. Filed through Advocates Manoj V George, Shilpa Liza George, Akriti Seth, Amit Kumar and Palak Arora, the plea states that while the Delhi Government had permitted bars, restaurants,...

NCDRC Can't Direct To Amend Pleadings As Complainant Is The 'Dominus Litis' : Supreme Court

Setting aside the NCDRC order for amendment of a complaint (seeking a direction to the insurer to settle the claim and make payment) to challenge the subsequent repudiation of the claim, the Supreme Court has affirmed that "the party which moves the forum is dominus litis and is entitled to decide whether or not to amend the pleading or to pursue the complaint, as it stands."The bench of...

Supreme Court Extends Last Date For Admission To Engineering Courses In The State Of Odisha(OJEE) Till December 31, 2021

Taking into account the disability of students in being unable to take the OJEE, the Supreme Court recently extended the last date for admission to engineering courses in the State of Odisha till December 31, 2021.The bench of Justices LN Rao, BR Gavai and BV Nagarathna had extended the last date while it was considering an application filed by Orissa Private Engineering Colleges...

Document's Author Need Not Be Examined If Signature Is Not Denied : Supreme Court

The Supreme Court has observed in its judgment delivered on December 16 that the examination of the author of a document is not required, if they had not denied their signature on the document, but only pleaded duress in execution of the same. "The High Court,in the impugned judgment, erred in holding that the appellant had not examined the author of the documents. Such reasoning is...

Candidate Cannot Alter Declaration Given About Correctness Of Details During Selection Process : Supreme Court

During a selection process, a candidate cannot attempt to deviate from a declaration made regarding the correctness of the detail furnished by him, so as to affect the position of others, held the Supreme Court in a recent decision.A bench comprising Justices DY Chandrachud and AS Bopanna observed so while allowing an appeal filed by the Madhya Pradesh Public Service Commission. The MP High...

Fact-Check : Media Reports About First Conviction Under UP 'Love Jihad' Law Are Wrong

On December 20, a local court in Kanpur pronounced a Judgment wherein it held a man guilty of committing rape upon a 17-year-old girl and sentenced him to ten years of jail and a fine of Rs 30,000. However, this Judgment has been reported by some sections of the media as the first conviction under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 [commonly known as...

Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court

While considering a special leave petition assailing Jharkhand High Court's order with regards to claim for regularisation, the Supreme Court has observed that one cannot claim negative discrimination qua the persons who have been erroneously granted the benefit of regularisation under Articles 14 and 16 of the Constitution.The bench of Justices Ajay Rastogi and AS Oka remarked that, "We do...

Andhra Pradesh High Court: Important Judgments Of 2021

Amravati Land Scam 1. "Cannot Criminalize Private Sale Transactions": Andhra Pradesh High Court Quashes A Batch Of FIRs In Amaravati 'Insider Trading' Case [Chekka Guru Murali Mohan & Anr. State of Andhra Pradesh] The High Court has quashed few criminal cases filed in connection with the alleged 'insider trading' in land transactions at Amaravati. Justice Cheekati...

Article 14 Does Not Envisage Negative Equality; State Can't Be Forced To Perpetuate Same Mistake Committed With Respect To Others : Supreme Court

The Supreme Court has observed that daily rated employees cannot as a matter of right claim the parity of pay scales with the Government employees.The Court further added that the petitioners could not invoke Article 14 of the Constitution to claim benefit on the ground of parity if they otherwise were not entitled to such benefit. "As per the settled proposition of law Article 14 of...

PIL In Supreme Court Seeks SIT Probe Into 'Involvement' Of Union Minister Ajay Mishra, UP Dy CM Keshav Maurya In Lakhimpur Violence Case

Ex-BSF jawan, Tej Bahadur Yadav has moved the Supreme Court with a Public Interest Litigation (PIL) plea seeking probe into the involvement of Union Minister Ajay Mishra 'Teni' and Deputy Chief Minister of Uttar Pradesh Keshav Prasad Maurya in the Lakhimpur Violence Case.The plea drawn by Advocate Pradeep Kumar Yadav and filled through Sanjeev Malhotra AOR seeks direction to the SIT formed by...

'Can't Let Our Daughters Grow Up In Anger' : Kerala High Court Directs Grant Of Rs 1.5 Lakh Compensation To Girl Harassed By Police; Directs Action Against Officer

After a series of elaborate hearings, the Kerala High Court on Wednesday delivered its judgment in a plea moved by a minor girl who, along with her father, were harassed by a pink police officer in a public road, casting accusations of theft on the duo. (Pink police is a special women protection squad of Kerala police).While granting compensation to the girl, a single bench of Justice...