Promise To Marry Made To A Married Woman Not Legally Enforceable: Cannot Attract The Rigors Of Section 376 IPC: Kerala HC In the case of X vs State of Kerala, the Hon’ble Kerala HC has observed that a promise of marriage given to a woman who is already married is not legally enforceable by law and thus, cannot b..
In the case of X vs State of Kerala, the Hon’ble Kerala HC has observed that a promise of marriage given to a woman who is already married is not legally enforceable by law and thus, cannot be a good ground for the prosecution to argue that the consent of the woman had been obtained due to a misconception of fact. li style="text-align: ju..
Period Of Detention For The Purpose Of 167(2) CrPC To Be Done Afresh If Additional Offence Found: Rajasthan HC In Akheraj vs State of Rajasthan the Hon’ble Rajasthan HC has reiterated that the right to seek default bail under section 167(2) of CrPC is an indefeasible right of the accused, but this is so only in ..
In M/s. A. Seating & Others v. M/s. Nandini Modulars (2021), Justice HP Sandesh observed that the Appellate court has the authority to remand the case for a new hearing on the matter of condonation of delay under Section 142(b) of the Act if the accused party fails to raise the ground of delay in filing the complaint before the court of the first instanc..
Difference between Irregular Marriage And Void Marriage in Muslim law BASIS IRREGULAR MARRIAGE VOID MARRIAGE td style="text-ali..
In R. Geethabanu v. Government of Tamil Nadu and Yamuna Devi(Died) v. Abdul Raheem and Ors, the bench of Justice Rmt. Teeka Raman observed that Motor Vehicles Act and Workmen's Compensation Act are no longer a part of good law and that an individual cannot be held liable under both the Motor Vehicles Act and the Workmen's Compensation Act for the sam..
Difference between Investigation and Inquiry BASIS INVESTIGATION INQUIRY Statute td s..
Bail In POCSO Case: 16-Year-Old Victim Knew The Consequences Of Her Actions: Bombay HC In Rohit Sukate vs State of Maharashtra the Bombay HC has granted bail to a rape accused after noting that the 16-year-old victim knew about the consequences of her actions and that the accused had used a condom while engaging in in..
Key Takeaways Chapter VI of the Cr. P.C. contains the provisions relating to Processes to Compel Appearance of Persons in Court. Warrants of arrest can be directed to Police Officers as well as other persons, depending upon the circumstances.Before issuing Warrants for arrest, t..
In Akheraj vs State of Rajasthan the Hon’ble Rajasthan HC has reiterated that the right to seek default bail under section 167(2) of CrPC is an indefeasible right of the accused, but this is so only in cases where the remedy has been availed of by preferring an application within the prescribed period. The ..
The Gujarat HC has, in Kameshbhai Niranjanbhai Sopariwala vs State of Gujarat refused to entertain a writ petition under Article 226 of the Constitution and issued directions for the registration of FIR on a complaint lodged by the petitioner, and observed that if such petitions are entertained then the HCs will be flooded and would not be able to do anythin..
Trial Courts Cannot Impose Life Sentence With Or Without Remission Except In Rape Cases: Calcutta HC In Monirul Molla vs State of West Bengal the Hon’ble Calcutta HC has held that a sentence of imprisonment for life without the possibility of remission can only be granted by the trial Courts in rape cases and no..
It would be in the fitness of things to mention right at the outset before stating anything else that in a very significant development, the Rajasthan High Court at Jodhpur in a learned, laudable, landmark and latest judgment titled Nand Lal Through His Wife Rekha v. State of Rajasthan in D.B. Criminal Writ Petition No. 10/2022 and cited in 2022 LiveLaw (Raj) 122 th..
• Additional Sessions Judge Rajesh Gupta, while rejecting the anticipatory bail application filed by a man facing a case for cheating and forgery for allegedly concealing his employment status and sexuality from his wife, Judge Rajesh Gupta stated that, in addition to financial losses, the future of a young girl had been negatively aff..
KEY TAKEAWAYS DNA testing is a means of analyzing the structure of a person's genome by taking samples of their DNA from their hair, fingernail, skin, or blood. DNA testing is one of the most accurate techniques to determine a person's paternity or identify a body, with ..
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