Girl Booking Hotel Room, Entering It With Boy Does Not Mean She Consented To Sex: Bombay High Court

In a significant ruling, the Bombay High Court at Goa held that even if a girl books a hotel room along with a man and goes inside the room, it would not mean that she has consented to sexual intercourse.Single-judge Justice Bharat Deshpande quashed an order passed by a Trial Court in Margao on March 3, 2021, discharging a man from rape charge. The Trial Court in its order, opined that since...

High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner

The Delhi High Court has directed Delhi Government's Chief Secretary to ensure that marriages solemnized under the Muslim personal law are registered online as mandated by the Delhi (Compulsory Registration of Marriage) Order, 2014.Justice Sanjeev Narula directed the Chief Secretary to personally look into the issue and ensure compliance of a judgment passed on July 04 directing the...

[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC

The Jharkhand High Court dismissed a petition filed by the Director of a company seeking to quash criminal proceedings for cheque bouncing under Section 138 of the Negotiable Instruments Act and said that not making the company a separate accused in the complaint would not be fatal for the prosecution. The Court noted that while the company that issued the cheque was not named as an accused,...

No Separate Suit Allowed For Seeking Cancellation Of Consent Decree Alleged To Be Based On Compromise Obtained By Fraud: Rajasthan HC

Rajasthan High Court has reiterated that despite Order 23, Rule 3A being a strong barrier to challenge the compromise decrees, if there was evidence of the compromise being obtained by deception or coercion, even though it cannot be pursued as an independent lawsuit, it could be brought within Section 151, CPC.Order 23, Rule 3A, CPC, lays down that no suit shall set aside a decree on the...

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj (Election) Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso (b) to the Rule made the provision enabling and not prohibitory.In doing so the court dismissed a plea moved against the election...

Bombay High Court Monthly Digest: October 2024

Citation 2024 LiveLaw (Bom) 499 to 2024 LiveLaw (Bom) 567Nominal IndexLatabai Jadhav vs State of Maharashtra, 2024 LiveLaw (Bom) 499State of Maharashtra vs Sunil Kuchkoravi, 2024 LiveLaw (Bom) 500Kisan Moulding Limited v. Micro and Small Enterprises Facilitation Council (MSEFC) Konkan Thane & Anr., 2024 LiveLaw (Bom) 501Safset Agencies Private Ltd.vs. Riddhi Rahul Kumar Gosalia & Ors.,...

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. The Court clarified that testimony from an eyewitness who directly observed or heard a fact constitutes direct evidence.The division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary noted, “Informant is a direct eye...

Media Publishing Statements Made In Press Conference Not Defamatory: Kerala HC Quashes Congress MP's Case Against Kairali TV, Asianet

Quashing a criminal case against Malayalam Communications Limited (Kairali TV) and Asianet News Network for telecasting a program featuring an allegedly defamatory and fabricated letter about Congress MP K C Venugopal, the Kerala High Court said that the statements in question were already in public domain hence it can't be termed defamatory. In doing so, the court underscored that the...

Portions Of NH-6 So Damaged That It Would Be Impossible For Vehicles To Pass But Repair Works By NHAI "Rather Slow": Meghalaya HC Fixes Timeline

The Meghalaya High Court on Wednesday directed the National Highways Authority of India (NHAI) to repair or reconstruct the very badly damaged portion of NH-6 stretching about 5 km between Jowai and Ratacherra within two months. The said direction was passed by the division bench of Chief Justice I. P. Mukerji and Justice W. Diengdoh while hearing a PIL, the subject matter of which is a...

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In doing so it said that Courts must not interfere lightly...

'Trial Would Be Futile Exercise': Orissa High Court Quashes Case Against Engineer For Not Wearing Mask During Pandemic

The Orissa High Court has quashed criminal case against a 39-year-old engineer for riding motor cycle without putting on helmet and not wearing mask during COVID-19 pandemic in the year 2020.Stressing on the intention behind the legislation of the Epidemic Disease Act, 1897, the Single Bench of Justice Sibo Sankar Mishra held that allowing the trial to be held in the case would be a...

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court

While hearing a service law matter, the Jharkhand High Court has reiterated that departmental proceedings must adhere to established rules and some sort of evidence is required to be proved against the delinquent.In doing so, the court further noted that the departmental enquiry report concerning the petitioner–who was accused of mismanagement of funds and dismissed from service, did not...