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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 intercourse with her.  The accused in the instant case was arrested on 9 September, 2..

KEY TAKEAWAYS Every man holds a ‘right to reputation’.It is a jus in rem – a right good against the public in large. The law of defamation provides for balancing of interest – an interest which a person has in his reputation v/s interest that a person has..

Key Takeaways Prevention of Corruption Act, 1988 (hereinafter referred to as “PCA”) provides the law for Prosecution of Judges for Corrupt Practices. Anticipatory Bail in such offenses is generally rejected if a prima facie offence has been made out from the evidence..

KEY TAKEAWAYS The three stages of litigation are the filing of a lawsuit, adjudication of the lawsuit, and execution of the lawsuit. Execution is the last and final step of litigation, which is when the case is put into action. A judgment-..

Key Takeaways Criminal Procedure (Identification) Bill, 2022 is supposed to replace the older Identification of Prisoner’s Act, 1920. Under the provisions of this Bill, a person who has been detained under any Preventive Detention Law can also be made to give measurements...

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 others. The Court was hearing an appeal against a conviction for murder and offences under the Arms A..

In Rajesh, Dnyanoba and Godavaribai vs Parwatibai and ors. the Bombay HC has held that if a woman adopts a child after the death of her husband, then the adopted child cannot claim any share in the property owned by the dead father as he cannot be considered as the child of the dead father.  The Court further held..

Divorce By Mutual Consent Valid Under Muslim Law, Can Be Declared By Court: Bombay HC In the case of Shaikh Taslim Sahikh Hakim vs State of Maharashtra and anr. the Hon’ble Bombay HC has held that a Family Court can dissolve a Muslim marriage by way of mutual consent following an amicable settlement between the ..

The Hon’ble SC, in Chaiman-cum-MD Fertilizer Corporation of India Ltd and anr vs Rajesh Chandra Shrivastava and ors. has observed that the ad hoc payments made in compliance with the interim orders of the Court do not form the part of wage within the meaning of section 2(s) of the Payment of Gratuity Act, 1972 for the purpose of calculating gratuity.&n..

In the case of Shaikh Taslim Sahikh Hakim vs State of Maharashtra and anr. the Hon’ble Bombay HC has held that a Family Court can dissolve a Muslim marriage by way of mutual consent following an amicable settlement between the parties.  In the instant case, the husband sought quashing of the FIR registered w..

KEY TAKEAWAYS Forgery is a type of white-collar crime that involves the fabrication or material alteration of a legal document with the goal of deceiving someone. Section 464 of the IPC applies to the forgery offense established in section 463. li style="text-align: just..

KEY TAKEAWAYS Mistake of law and facts are defences that the defendant misunderstood or was ignorant of the law or facts as they existed at the time. A mistake of fact is a factual error. Mistake of law is misunderstanding the law, which i..

Criminal Procedure (Identification) Bill, 2022 Passed By Parliament; Opposition Calls It Dangerous  The Rajya Sabha has passed the Criminal Procedure (Identification) Bill, 2022 which would enable investigating officers to collect the biometric details of prisoners. The Bill was passed in the Lok Sabha on 4th Apr..

In the case of Ravindra Prasad Munneshwar Prasad vs Union of India the Bombay HC has held that if a government servant is suspended on account of charges for a serious crime, and is acquitted because of a benefit of doubt, he is not entitled to the regularisation of the period of suspension by being treated as ‘on duty’. li style="text-al..

In the case of Yogendra Kumar Mishra vs State of UP and anr the Allahabad HC has denied bail to a POCSO accused who had allegedly raped a minor girl and her mother, and has also observed that an absconder or a proclaimed offender is not entitled to the relief of anticipatory bail.  In the present case, the accused..