Promise Of Marriage Made To A Married Woman Cannot Become A Basis For Rape Case: Kerala High Court

The Kerala High Court on Tuesday reiterated that a man's promise to marry an already-married woman is not enforceable in law, and any sexual relation between them on the basis of such a promise would not attract the ingredients of Section 376 of the Indian Penal Code. Quashing a rape case registered by the Punaloor Police Station in 2018, Justice Kauser Edappagath observed that the married...

Distinction Between Residential & Commercial Building For Ejectment U/S 13A East Punjab Urban Rent Restriction Act Watered Down By S.18A: High Court

Punjab and Haryana High Court has held that a conjunctive reading of Section 13A and Section 18A of the East Punjab Urban Rent Restriction Act, 1949, reveals that a retired landlord's right to recovery (of property) under Section 13A is not limited to residential or scheduled buildings only. The bench comprising Justice Nidhi Gupta further added that Section 18A broadens the scope...

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses

The Karnataka High Court has refused to quash a chargesheet filed against an accused under the Karnataka Police Act merely because the Police did not cite any independent witness. A single judge bench of Justice K Natarajan observed, "Merely the Police have not cited any independent witness in the charge sheet, but that itself is not a ground to quash the criminal proceedings."It...

JKL High Court Summons Three Senior Lawyers Over Alleged Misconduct, Indulgence In Anti-National Activities

The Jammu and Kashmir and Ladakh High Court on Tuesday issued summons to three Senior Advocates on a complaint lodged by State Law Secretary Achal Sethi over alleged professional misconduct and indulgence in anti-national activities. High Court's Disciplinary Committee issued summons to former President of the Srinagar High Court Bar Association- Mian Abdul Qayoom, Senior Advocates...

What Steps Were Taken To Prevent Maharashtra Bandh Over Lakhimpur Kheri Incident In 2021: Bombay High Court To Police

The Bombay High Court Thursday asked Maharashtra Police to inform it about the measures that were taken to avert the bandh, which had been called by the then ruling Nationalist Congress Party (NCP) in October 2021 to protest against the death of farmers in Uttar Pradesh's Lakhimpur Kheri. The state-wide strike was supported by NCP's alliance partners Shiv Sena and...

Kerala High Court Asks State To Formulate Permanent Scheme For Resolving Issues Faced By KSRTC In Dispensing Salary To Its Employees

The Kerala High Court on Thursday asked the State government to formulate a permanent solution or scheme for resolving the issues faced by KSRTC in dispensing salary to its employees.Justice Devan Ramachandran was hearing the petitions filed by the employees of Kerala State Road Transport Corporation seeking direction to the Corporation and its Managing Director to formulate a scheme for...

Marriage Certificate Issued By Arya Samaj Has No Statutory Force: Allahabad High Court

The Allahabad High Court has recently held that Marriage Certificates issued by Arya Samaj have no statutory force. It was further held that in the absence of a valid marriage, the marriage certificate of Arya Samaj is not proof of a valid marriage.The observation came from the bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV which was dealing with a first appeal filed...

Limitation Extension Orders Passed By SC During Covid-19 Apply To Petitions Moved Under Representation Of People Act: Kerala HC

The Kerala High Court has held that the petitions filed under the Representation of People Act, 1951 come within the ambit of orders passed by the Apex Court extending the period of limitation in the wake of the widespread COVID-19 pandemic.Justice C. Jayachandran observed:The expression "all other proceedings" as employed in the original order dated 23.03.2020 and "any other laws...

Delhi Riots: High Court Rejects Tahir Hussain's Plea Against Framing Of Charges In Money Laundering Case

YThe Delhi High Court on Thursday dismissed a plea filed by former Aam Aadmi Party Councillor Tahir Hussain challenging charges framed against him in a money laundering case registered in connection with the North East Delhi riots of 2020.Justice Anu Malhotra observed that the alleged commission of a conspiracy "even for the purpose of GST violation in order to avail money" through...

Retired Employee Can't Seek Annual Increment For Pension & Gratuity If It Falls Due A Day After Superannuation: Kerala HC

The Kerala High Court on Tuesday held that a Government servant who retires on the last working day of the preceding month and whose annual increment falls due on the first of the succeeding month is not entitled for sanction of annual increment for the purpose of pension and gratuity. The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. passed the...

Detaining Authority Bound To Record Satisfaction As To Why Detenue Could Not Be Deterred Under Ordinary Criminal Law: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Wednesday observed that only a couple of criminal activities attributed to a detenue, which took place in the past, cannot be made basis for passing a detention order unless it is established from the detention record that the detenue was continuously indulged in felonious activities of similar nature. Justice Rajesh Sekhri further...

Prima Facie Tenancy Not Forged: Bombay High Court Refuses To Appoint Court Receiver For Prime Mumbai Property In Dispute With Kuwaiti Royalty

The Bombay High Court recently reiterated that unlike criminal proceedings, in civil proceedings, a court can rely on statements given to the police under section 162 of CrPC. Therefore, it relied on witness statements made before CID in a criminal investigation to decide a property dispute involving the royal family of Kuwait. "If the statement made before a police officer, in the...