The Tribunal held that Respondents 5,6,7 and 11 were negligent and the element of Mens rea could be traced as the Respondents did not follow the Principle of Due Diligence pre-voyage and they directed the ship to continue its voyage even though one o..
Supreme Court overturned HC’s decision of convicting the men on the grounds that the HC had erred in accepting the argument of “passive submission” as there was no fear or apparent threat. Supreme Court further added that since “no marks of injury” w..
Whether Mr. K M Nanavati is liable for the charges framed against him under Section 302 and 304A of the Indian Penal Code for murder of his wife’s paramour?..
In a landmark judgment, the first conviction under Section 67 (obscene material in electric form) of the IT Act, Mr.Suhas Katti was held liable to all the crimes and was sentenced to punishment for 2 years of rigorous imprisonment with a fine of Rs. ..
The Judge lays emphasis on the fact that the survivor did not initially report the accused to the college authorities or her parents and they just assume that is necessary to reveal everything to one’s parents and completely ignore the reason that th..
The court held that appeal would be allowed on grounds of diminished responsibility. At the time of original trial there were reports that the appellant was suffering from depression due to decades of abuse and it was overlooked and the appellant was..
The Tribunal held that all the States should comply with the Solid Waste Management Rules, 2016 (Rules of 2016) without any further delay and demur as the State government and the local authorities have failed to perform their statutory and constitut..
A special leave petition under Article 126 was filed in the Delhi High Court by an NGO, Naz Foundation to challenge the constitutional validity of Section 377 of the IPC. The NGO worked for prevention of HIV-AIDS and interacted with the LGBT communit..
The above judgment had not been implemented to its entirety even after 15 years, and hence the Writ Petition was filed in 2011 to end the ongoing abuse of process of law by the respondents through unnecessary and repeated filing of interlocutory appl..
The Court held that the offence of rape can only be committed by a man taking into account the bare reading of the penal provisions regarding the same. The Section in no way makes a woman liable for rape or gang rape as it is inconceivable. As intent..
The evidence provided by the victim in a sexual assault case is in itself, is enough for the conviction and does not necessarily need the corroboratory evidence of the medical examiner. The Court believed in the statement of the victim and therefore ..
In 2017, a PIL was filed under Article 32 of the Indian Constitution. It challenged the constitutionality of Section 198(2) CrPC and Section 497 IPC. Section 497 IPC criminalizes adultery, committed by a man who’s engaged in sexual intercourse with a..
In 2018, a writ petition was filed in the Supreme Court to decriminalize Section 377 of IPC, according to which the act of voluntarily having carnal intercourse against the order of nature, a criminal offence and it imposes a criminal liability. The ..
The Petitioner contends that almost every statute in India recognizes a girl below 18 years of age as a child and thus the law penalizes sexual intercourse with a girl below 18 years of age. Consequently, Section 375 of the Indian Penal Code, 1860 (I..
It has been 44 years since the landmark judgement of ADM Jabalapur v. Shivkant Shukla[1] was delivered. The inception of this case can be traced back to the judgement of Allahabad High court in another landmark case of State of Uttar Pradesh v. Raj N..
A Hindu man cannot convert to Islam to simply contract to a second marriage, without any real change of belief or to simply avoid his first marriage. If he does so, his second marriage would be held void and he would be prosecuted under section 494 I..
Dispute related to the delimitation of the continental shelf between the Federal Republic of Germany and Denmark on the one hand, and between the Federal Republic of Germany and the Netherlands on the other. The Parties asked the Court to state the p..
It is most heartening, most reassuring and most refreshing to learn that the Himachal Pradesh High Court most recently on March 18, 2020 in a latest, landmark and extremely laudable judgment titled Sunita Devi Vs. State of H.P. & Ors. in CWP No. 1978..
The following judgement deals with section 377A of the Penal Code of Singapore which criminalizes the act of gross indecency between male persons. The question before the High Court of Singapore for consideration was whether section 377A is constitut..
In continuation of the convincing, courageous and commendable judgment delivered by the same Division Bench of Apex Court comprising of Justice Dr DF Chandrachud and Justice Ajay Rastogi on February 17, 2020 that favoured the extension of permanent c..
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