'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of the Bombay High Court(Aurangabad Bench) which cancelled his...

Can Sex Between People Living As Husband And Wife Be Called Rape? SC Asks While Giving Relief To Rape Accused

"When two people are living as husband and wife, however brutal the husband is, can the act of sexual intercourse between them be called rape?", asked Chief Justice of India SA Bobde in a matter pertaining to the quashing of an FIR alleging rape due to false promise of marriage. The petitioner approached the Supreme Court saying that he and the woman had been living together and...

Contract Is Void If Prohibited By Statute Under A Penalty Even If It Does Not Expressly Declare It Void: Supreme Court

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void.The bench comprising Justices AM Khanwilkar, Indu Malhotra and Ajay Rastogi observed that the condition predicated in Section 31 of the Foreign Exchange Regulation Act, 1973, of obtaining "previous" general or special permission of...

Supreme Court To Hear Gautam Navlakha's Plea Against Bombay High Court's Order Denying Him Bail In Bhima Koregaon Case On March 3

Activist and Journalist Gautam Navlakha who is an accused in the Elgar Parishad – Maoist links case has moved the Supreme Court challenging Bombay High Court's recent order rejecting his bail application. A three-judge Bench of Justices UU Lalit, Indira Banerjee and KM Joseph is scheduled to hear his plea on Wednesday, 3rd March 2021. Navlakha's plea before the top Court comes after...

"We Are Not Concerned With Further Developments, We Will Consider Whether Appeal Will Lie To DB Against SB Order?" SC On WB Coal Scam Probe

On the CBI's request, the Supreme Court on Monday adjourned to March 10 the hearing on the challenge to the order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.Appearing before the bench of Justices DY Chandrachud and MR Shah, SG Tushar Mehta had sought...

Whether Day Of Remand Is To Be Included For Considering A Claim For Default Bail? Supreme Court Refers To Larger Bench

Whether the day of remand is to be included or excluded, for considering a claim for default bail ? The Supreme Court referred this issue to a larger bench.The Court was considering the appeal filed against the Bombay High Court judgment which held that the day of remand has to be included for the purpose of computing the period of 90 days or 60 days as contemplated in Section 167 (2)(a)(ii)...

Supreme Court Dismisses PIL Challenging 'Centre's Overriding Power' Over Deputation/Transfers Of IPS Officers

Supreme Court on Monday dismissed a PIL challenging the constitutionality of Rule 6(1) of the Indian Police Service ( Cadre) Rules, 1954 for conferring powers on the Central government to override the states in matters of transfer and deputation of IPS cadre officers."Dismissed". said the Bench headed by Justice Nageswara Rao when the PIL filed by a Bengal-based lawyer Abu Sohel was taken...

Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque Dishonour : Supreme Court

The Supreme Court on Monday held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act against the corporate debtor."We hold that a Section 138/141 NI Act proceeding against a corporate debtor is covered by Section 14(1)(a) of...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-54]

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'Shocked & Surprised' : Supreme Court Pulls Up Bihar Legal Department For 'Misadventure' Of Filing Suit Against Arbitration Award

The Supreme Court recently came down heavily on the legal department of the State of Bihar for instituting a wholly non-maintainable legal proceedings."We are not dealing with a person having lack of knowledge of law but the State of Bihar having large legal department working for it", a bench headed by Justice Sanjay Kishan Kaul remarked while dismissing a special leave petition filed by...

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases

The Supreme Court is set to examine methods to expedite the grant of compensation in motor accident cases.The Central Government has agreed to coordinate with all stakeholders included in the Bajaj Allianz's case regarding disbursement of compensation and expeditious adjudication of motor accident claims by online mechanism and place the agreed directions before the Court along with every...

Jaipur Blasts Case- Rajasthan HC Expresses Surprise At Police Arresting An Accused Soon After His Release From 12 Yrs Custody & Acquittal In 8 Other Similar Cases

The ordeal of Shahbaz Ahmad, who was denied freedom from prison despite his acquittal in cases related to Jaipur blasts of 2008, makes a mockery of the cherished fundamental right to personal liberty guaranteed under our Constitution.Recently, the Rajasthan High Court was shocked to learn that Shahbaz Ahmad(48), who has been under custody since 2008, was arrested again in a case related to...