It is quite relaxing, quite refreshing, quite rejuvenating and quite remarkable to note that the Calcutta High Court has just recently on 30 September, 2020 in Arjun Singh Vs. The State of West Bengal & Ors. in WPA 5374 of 2020 and 3 others in exerci..
The High Court dismissed the appeal & upheld convicting the appellant under Section 326 of the Indian Penal Code. ..
The Court disposed of the writ petitionwith following directions that “Section 327 (2) Cr.P.C i.e. Notwithstanding anything contained in sub- section (1), he inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, ..
It is certain that if nothing had been found on him, he could not have been ordered to give security under Section 109(a). A person cannot be bound down under this clause merely because he is afraid of arrest or because he is making a nuisance of him..
The case came up for hearing before a bench comprising Chief Justice Ajit Prakash Shah and Justice S. Muralidhar, and the judgment was delivered on 2 July 2009. The Court located the rights to dignity and privacy within the right to life and liberty ..
The judgement given by CJI Deepak Mishra started with the statements proving that wives are not the property of the husbands and husbands are not their masters...
On considering all the matters in detail the court observed for this case, it should be accepted that it was an unnatural death. Though the case rests on circumstantial evidence, the presumption under Section 113-B of the Evidence Act has rightly bee..
On considering all the matters in detail the court took into consideration the circumstances in which the appellant and Mohini came close to each other and how he started to have given her presents and tried to be intimate with her. These circumstanc..
In a well-analysed, well-worded, well-framed, well-articulated and well-reasoned judgment titled Satish @ Sabbe vs. The State of Uttar Pradesh with Special Leave Petition (Crl.) No. 8326 of 2019 delivered as recently as on 30 September 2020, a thre..
The petition was dismissed leaving it open to the petitioner to comply with the objections raised by the RPO and to resubmit her application with the correct details, inter alia, with regard to her parentage. The parties were left to bear their respe..
In the absence of evidence of valid adoption, including proof of giving and receiving, and in the view of Sabitri Bala's subsequent conduct and that of defendant No. 1, he rejected his assertion of acceptance. In the matter of his supposed adoption b..
The court held that the child can be adopted "under the authority" of the parents. The adoptive mother had executed a valid Power of Attorney authorising her attorney to take the petitioner in adoption on her behalf...
The Court declared the appeal to be failed and dismissed it. There was no order as to costs. The court further mentioned that once the judgment was properly understood there was no charter for inference by the High Courts with findings of facts recor..
The court held that, prima facie, Nirmala does not appear to have been adopted by Obalappa which is evident from the deed of gift executed by him. Even in the transfer deed executed by Kadarappa, Nirmala was described as a foster daughter of Obalappa..
The Supreme Court held that the State needs to make sure that the JJ Act is implemented in a proper manner in order to cater to the needs of the children in the society...
The court noted that without the mother's permission, the father cannot give in adoption. There was no conformity with either Section'7 'or Section'9' and thus, as the petitioner pleaded, there was no adoption...
The Supreme Court held that the appellant was a juvenile at the time of the occurrence of offence no matter the offence committed by him is heinous and as such he is entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act, 2..
The Apex Court observed that the view of the High Court that Sections 304-B and 498-A Indian Penal Code are mutually exclusive is not correct. Sections 304-Band 498-A cannot be held to be mutually exclusive. ..
The court observed that miscarriage punishable under Section 313 of the IPC cannot be necessarily said to be connected with rape..
The Supreme Court upheld the constitutional validity of death penalty for murder in Section 302, Indian Penal Code, 1860 and the procedure in Section 354(3), Code of Criminal Procedure, 1973 while dismissing the challenges pertaining to the span>cons..
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