Can't Prosecute A Husband U/S 377 IPC As S. 375 IPC Exempting Marital Sex Covers All Possible Penile Penetration: MP High Court

In a significant observation liable to add to the ongoing debate regarding the criminalisation of marital rape, the Madhya PradeshHigh Court has observed that after the 2013 amendment to the definition of Section 375 IPC (Rape), there is no place for any unnatural offence (as per Section 377 IPC) to take place between a husband and wife. The Court made this observation while quashing an...

Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes

The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same. At the outset,...

Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers

The Supreme Court on Friday rejected an application filed by the firecracker manufacturers association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers will prevail.The Court further rejected another application filed by the firecracker manufacturers to use...

Prescribe Minimum Marks Requirement For Languages Other Than Tamil & English Also In TN Schools: Supreme Court In Linguistic Minorities' Plea

The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of...

SARFAESI Act No License For Bank Officers To Act Against Law : Supreme Court

In a recent judgement, the Supreme Court underlined that all litigants, including banks, were duty bound to follow provisions of law and that banks would not be treated on a different footing than other litigants. The Court said that the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) does not give any "license to the...

Women Reservation Bill Cleared By Parliament, Rajya Sabha Passes Constitution Amendment Unanimously

The Rajya Sabha on Thursday (September 21) unanimously passed the Bill proposing to reserve one-third of all seats for women in the Lok Sabha, the state legislatures, and the Delhi legislative assembly. The Constitution (One Hundred and Twenty-eight Amendment) Bill 2023 was introduced by Union Law Minister Arjun Ram Meghwal in the upper house today, after the Lok Sabha passed it yesterday...

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut : Bombay High Court In Bhima Koregaon Case

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case. “We are of the prima-facie opinion that on the basis of...

SARFAESI Act | Borrower's Right To Redeem Mortgage Extinguishes Once Bank Publishes Auction Notice For Secured Asset: Supreme Court

The Supreme Court on Thursday (September 21) pronounced a judgement holding that the borrower's right of redemption of mortgage under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) will get extinguished once the bank publishes an auction notice for the sale of the secured asset. The judgement delivered by a bench of...

No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'

Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined:“The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to...

Stray Dog Issue | 'Want To Issue Concrete Guidelines' : Supreme Court Lists For Hearing On Oct 18

The Supreme Court on Thursday orally remarked that it does not intend to issue any interim directions in the matter relating to the curbing of stray dog attacks in the country and that it wants to hear the matter on merits and issue concrete guidelines. A bench of Justice J K Maheswari and Justice K V Viswanathan was considering a batch of matters including the plea filed by the Kerala...

Supreme Court Receives Sealed Cover Report Filed By Arunachal Chief Minister In PIL Raising Corruption Allegations

The Supreme Court on Thursday (September 21) received a sealed cover report filed by the Chief Minister of Arunachal Pradesh Pema Khandu in a petition which raised allegations regarding awarding of government tenders a decade ago.A bench comprising Justices Aniruddha Bose and Bela M Trivedi also expressed its intention to seek assistance from the CAG(Comptroller and Auditor General of India)...

'What Is Achieved By Keeping Reformed Convict In Prison Forever?': Supreme Court Orders Release Of Prisoner Who Spent 26 Years In Jail

The Supreme Court today ordered the release of a convict who had spent nearly 26 years in prison, asserting that the denial of premature release violated fundamental rights protected under Article 14 (Right to Equality) and Article 21 (Right to Life). The Court emphasized the need to consider the rehabilitation and reformation of inmates who may have drastically transformed during their...