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Kissing, Fondling Not Unnatural Offences: Bombay HC Grants Bail To POCSO Accused

While granting bail to a man accused of sexually assaulting a 14 year old minor boy, the Bombay HC observed that kissing on the lips and fondling are not unnatural offences and therefore, will not attract the rigours of section 377 of IPC. Justice Anuja Prabhudesai, in her four page order, observed that the statement o..

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SC & ST (Prevention of Atrocities) Act, 1989: Important Sections and Judgments

Key Takeaways Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 consists of 6 Chapters and 26 Sections. Chapter IV A and Sections 14A, 15A, and 18A have been added through Amendments. Section 3 is one of the most important sections of the SC ST Act as it..

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Dying Declaration Of Wife Can Be Used To Prove Husband’s Cruelty Even If He Is Not Convicted Of Her Death: SC

In Surendran vs State of Kerala the Hon’ble Apex Court has held that evidence of a deceased wife under section 32 of the Indian Evidence Act with respect to cruelty can be admissible in a trial for a charge under section 498A of IPC. In the instant case, the appellant married the deceased on 9-4-1995. It was alle..

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Recovery Or Seizure Of The Contraband Is Not Mandatory For Arrest, Detention, Or Even Their Conviction: Anticipatory Bail Denied: Gauhati HC

In the recent case, Amal Das v The State Of Assam, the Hon’ble Gauhati HC denied anticipatory bail in the case registered under section 21 (c)  /29 of NDPS Act, 1985. The Court also averred the urgent need to curb the menace of drugs and their ill effects on society which has the propensity to destroy the generation as a whole.  li st..

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Pointing Out Environmental And Ecological Effects, SC Cancelled The Doubling Of The Railway Line From Castlerock (Karnataka) To Kulem (Goa)

In the recent judgment, the Hon’ble Supreme Court set aside the proposed wildlife clearance for doubling the existing railway line from Castlerock (Karnataka) to Kulem (Goa) recommended by the Standing Committee of NBWL. The Ministry of Railways (RVNL), in T.N. Godavarman Thirumulpad v Union of India, had failed ..

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Top News Headlines 12th May 2022: Split Verdict On Marital Rape: Answer To This Burning Question Still Not In Sight

Split Verdict On Marital Rape: Answer To This Burning Question Still Not In Sight The Delhi HC has delivered a split judgement regarding the criminalisation of marital rape. Justice Rajiv Shakdher ruled in favour of striking down Exception 2 to Section 376 IPC whereas Justice Hari Shankar observed that the striking do..

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Can The Government Compel You To Get Vaccinated

Key Takeaways Once a sizable amount of the population in India got their COVID-19 jabs, a number of Government, as well as Private Agencies, issued circulars and notifications restricting the movement of Unvaccinated People. Epidemic Act, 1897 and Disaster Manager Act, 2005 prov..

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SC Has Urged The Central and State Governments To Refrain From Using Sedition Laws Until Reviewed

In the recent order, the Hon’ble Supreme Court has ordered to keep all pending trials, appeals, and proceedings framed under sedition law on hold. It is expected from the State and Central governments to restrain from registering any FIR, continuing any investigation, or taking any coercive measures by invoking provision under section 124A, IPC while it is und..

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Every Woman In A Domestic Relationship Has A Right To Reside In The ‘Shared Household’: Subsisting Domestic Relationship Not A Necessary Criterion: SC

In a landmark judgement titled Prabha Tyagi vs Kamlesh Devi the Hon’ble Supreme Court has held that every woman in a domestic relationship has a right to reside in a shared household even in the absence of any act of domestic violence. She cannot be evicted from such a household. This right can be enforced under section 17(1) of the Protection of Women..

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Allahabad HC Dismisses Plea For A Fact Finding Committee To Study ‘Real History’ Of Taj Mahal

In Dr Rajneesh Singh vs Union of India and ors. the Allahabad HC has junked the plea requesting for the constitution of a fact-finding committee to dig out the ‘real history’ of Taj Mahal.  The petitioner, Dr. Rajneesh Singh, who is the media incharge of BJP’s Ayodhya Unit, claimed that false his..

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Mere Signature Does Not Imply Execution Of A Sale Deed If Content Of Document Is Not Understood: SC

The Apex Court in Veena Singh (D) vs District Registrar/Additional Collector held that mere signature does not imply execution of a sale deed. It was observed that though the word ‘execution’ itself has not been defined in the Registration Act, it was affirmed that mere signature on the documents does not i..

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Top News Headlines 11th May 2022: Certificate U/S 65B(4) Evidence Act Mandatory For Production Of Electronic Evidence: Oral Evidence Does Not Suffice

Certificate U/S 65B(4) Evidence Act Mandatory For Production Of Electronic Evidence: Oral Evidence Does Not Suffice: SC In Ravinder Singh @ Kaku vs State of Punjab the Hon’ble Apex Court has held that the certificate under section 65B(4) of the Evidence Act is mandatory for the production of electronic evidence,..

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Incumbent Upon Government Servants To Promptly Comply With Judicial Orders: AP HC

While taking a very strong exception to the government servants reprehensible habit of not complying time and again with judicial orders, the Andhra Pradesh High Court in a noteworthy judgment titled NMS Goud v. Punam Malakondaiah & Ors in Contempt Case No. 1248 of 2020 pronounced as recently as on May 6, 2022 has sentenced 3 IAS officers to one month jail for c..

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MP HC Quashes Transfer Order Of Bureaucrat Passed At Insistence Of State Minister

While taking a very strong exception to the whimsical transfer order being issued arbitrarily of a bureaucrat at the insistence of a state minister, the Madhya Pradesh High Court as recently as on April 27, 2022 in a latest, learned, laudable and landmark judgment titled Shyam Kumar Singh vs State of Madhya Pradesh in Writ Appeal No. 400 of 2022 set aside the transf..

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Old Age Home Inmates Are Licensees And Cannot Have Interest In The Property: Cannot Sue For Injunction: SC

In the case of Samarpan Varishtha Jan Parisar vs Rajendra Prasad Agarwal, the Hon’ble Supreme Court held senior citizens living in old age homes are a licensee. They are only permitted to enjoy the possession of the property and do not have any interest in the property. As licensees, inmates are allowed to stay in old age home as long as they abide by the term..

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