Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment

The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain circumstances unforeseen by him or the...

Don't Record Witness Testimonies In English Translations Alone; Follow Sec 277 CrPC : Supreme Court To Trial Courts

The Supreme Court has disapproved of the practice of trial judges recording the deposition of a witness only in the English language form as translated by the judge, when the witness testifies in a different language.The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of...

Centre Violated Citizens' Right To Know By Blocking BBC Documentary On Modi : N Ram, Prashant Bhushan & Mahua Moitra Tell Supreme Court

Terming the Centre's decision to block public access to BBC's documentary "India : The Modi Question" as "manifestly arbitrary" and "unconstitutional", veteran journalist and former editor of The Hindu N Ram, Advocate and civil rights activist Prashant Bhushan and Trinamool Congress MP Mahua Moitra have jointly filed a petition in the Supreme Court.The writ petition filed under Article 32 of...

The Unread Judgments on Gandhi's Assassination

The investigation, trial, appeal to the high court and appeal to the privy council were all completed with remarkable speed, in 20 months.

Consensual Teenage Relationship: Delhi High Court Grants Bail To Accused In POCSO Case As Victim Offers To Stand As ‘Surety’ For Him

Delhi High Court has granted bail to a 20-year-old in a POCSO case after the victim — the wife of accused, told the court that they were in a consensual relationship at the time of alleged offence, and is offering to stand as surety for him in case he is granted bail.In the decision on the bail application moved by the accused, Justice Anup Jairam Bhambhani said the offences under Section...

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A(3) of the Scheduled Castes...

Gauhati High Court 'Decourts' Lawyer Outside HC Premises Who Came To Court Wearing 'Jeans-Pant'

A lawyer who came to court wearing 'Jeans-Pant' prompted the Gauhati High Court to 'decourt' him on Friday.The Bench of Justice Kalyan Rai Surana directed the police personnel to decourt the Counsel outside the High Court campus.The Counsel was appearing in an anticipatory bail matter.The Court also ordered to bring the matter to the notice of Chief Justice, Registrar general as well of the...

Court Acquits All In Case For Murder Of Mohsin Shaikh, Who Was 'Lynched For Having Beard, Skull Cap'

Nine years after Mohsin Shaikh, a 28-year-old Muslim techie was lynched while he was returning from his evening prayers, a Sessions court in Pune has acquitted all accused of his murder including Dhananjay Jayram Desai, head of the radical outfit Hindu Rashtra Sena (HRS). Sessions Judge SB Salunkhe acquitted 21 accused of all charges. They were booked by the Hadapsar police...

S.125 CrPC | Major Unmarried Daughter Not Entitled To Maintenance From Father Merely On Ground That She Is Unable To Maintain Herself: Kerala HC

The Kerala High Court on Wednesday reiterated that an unmarried daughter who attained majority cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance. The Court observed that an unmarried daughter unable to maintain herself by reason of any physical, mental abnormality or injury is entitled to claiming...

‘Leave Temple To Religious People’: Supreme Court Dismisses AP Govt Challenge To HC Order Against Govt Taking Over Ahobilam Mutt Temple

The Supreme Court, on Friday, refused to entertain Andhra Pradesh Government’s plea assailing High Court’s order, which held that State's decision to appoint 'Executive Officer' to control and manage the affairs of Ahobilam Temple in Kurnool is violative of A. 26(d) of the Constitution and affects the Mathadipathi’s right of administration.The State’s plea came up for hearing before...

Judiciary Should Have Judges With Alternative Life Experiences; Now Most Judges Are Upper-caste Heterosexual Men : Saurabh Kirpal

Senior Advocate Saurabh Kirpal, whose appointment as a judge was objected to by the Central Government on the ground of his sexual orientation, opined that it is important to have judges with different life experiences in the bench, so that the judiciary represents the social diversity.Kirpal pointed out that the judiciary is mostly composed of upper caste, heterosexual men, who would be having...

Woman Entitled To Termination Of Pregnancy In Rape Cases, Has Right To Say 'Yes' Or 'No' To Being A Mother: Delhi High Court

The Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases and imposing the responsibility of motherhood on her, would amount to “denying her the human right to live with dignity” as she has a right in relation to her body including the right to say “yes or no” to being a mother.Observing that section 3(2) of the...