Top Legal Headlines - 9th March, 2021


1.    Did not ask accused to marry the girl: Supreme Court on Misreporting

•    A few days ago, news had surfaced that CJI Bobde had asked a rape accused to marry the rape victim, which got a lot of criticism.
•    The CJI stated that the question was asked with respect to the facts of the case and that the information had been misreported by the media.

2.    Extension of limitation period ended by the SC

•    Extension of limitation period had been granted under various laws under various laws in India due to the corona virus pandemic.
•    The Supreme Court ended those limitation periods.
•    “Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end,” the Court observed.

3.    Multiple complaints against same accused by same party impermissible: SC

•    In the case of Krishna Lal Chawla v. State of UP, the Supreme Court has held that multiple complaints against the same accused by the same party in the same incident is not permissible.
•    The Court held that if that is allowed, the accused could get entangled in multiple proceedings.
•    “As such, he would be forced to keep surrendering his liberty and precious time before the police and the Courts, as and when required in each case,” the Court opined.

4.    No joint liability when the account on which cheque is drawn is not jointly maintained: SC

•    In the case of Alka Khandu Avhad v. Amar Syamprasad Mishra, the Supreme Court has ruled that a person can be made jointly liable under section 138 of the Negotiable Instrument Act only when the account on which the cheque was drawn was jointly maintained.
•    “Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence under Section 138 of the NI Act,” the Court held.

5.    Habeas Corpus Writ not maintainable against judicial order sending minor to juvenile home: Allahabad HC

•    In the case of Km. Rachna & Anr v. State of UP & Ors, the Allahabad High Court has held that a writ of habeas corpus is not maintainable against a judicial order that sent a minor to a juvenile home.
•    “The wish of minor and the wish/desire of girl can always be considered by the Magistrate concerned/Committee and as per her wishes/desire further follow up action be taken in accordance with law under the J.J. Act,” the Court observed.

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