Latest Judgments, Bare Acts, Legal News of Supreme Court and High Courts

Bail -- Rape-- False Promise to Marry -- Accused Proposed Marriage to Complainant's Mother -- Thus, absence of intention to marry cannot be attributed at this stage -- Bail granted

(i) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse by Deceitful Means -- Accused Proposed Marriage to Complainant's Mother -- Absence of intention to marry cannot be attributed to..

Karnataka High Court

Rape-- False Promise to Marry -- Complainant a Married Woman with Subsisting Marriage -- Promise of marriage cannot be sole ground where complainant's own marriage subsists

(i) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse by Deceitful Means -- Complainant a Married Woman with Subsisting Marriage -- A married woman who voluntarily accompanies anothe..

Kerala High Court

Maintenance to Parent -- Claim Against Daughter-in-Law -- Daughter-in-law not covered under definition of "children"; maintenance claim against granddaughter unreasonable

(i) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.2(a) -- Maintenance to Parent -- Claim Against Daughter-in-Law -- A daughter-in-law does not fall within the definitio..

Kerala High Court

Specific Performance -- Suppression of Truth by Plaintiff -- Unclean hands disentitle plaintiff to relief of specific performance

(i) Specific Relief Act, 1963, S.16 -- Specific Performance -- Suppression of Truth by Plaintiff -- A plaintiff who approaches the Court with unclean hands and suppresses the truth is not en..

Andhra Pradesh High Court

Ex Parte Decree -- Limitation Where Defendant Had Entered Appearance -- Limitation runs from date of decree, not from date of knowledge; application beyond statutory period barred

Civil Procedure Code, 1908, O.9 R.13 -- Ex Parte Decree -- Limitation Where Defendant Had Entered Appearance -- Where a defendant has admittedly entered appearance and even moved an applicat..

Punjab & Haryana High Court

Adverse Possession -- Date of entry into possession, the nature of possession, or whether such possession was known to the plaintiffs -- Essential ingredients not established -- Suit dismissed

(i) Adverse Possession -- Intention to Possess Distinguished from Intention to Dispossess -- Intention to possess cannot be substituted for intention to dispossess, which is essential to pro..

Himachal Pradesh High Court

Production of Documents -- Relevance to Core Issue -- Party permitted to place documents on record where they have nexus with the core issue between parties

Civil Procedure Code, 1908, O.7 R.14(3), S.151 -- Production of Documents -- Relevance to Core Issue -- A party seeking to place documents on record in support of pleadings should be permitt..

Rajasthan High Court

Court Fee -- Petition for Letters of Administration -- Full court fee not payable at time of filing; only token amount required until application is allowed

Court Fees Act, 1870, Sch.II, Art.11 read with Sch.I, Succession Act, 1925, S.276 -- Court Fee -- Petition for Letters of Administration -- A petition seeking letters of administration under..

Allahabad High Court

Revenue Record -- Cancellation of Longstanding Jamabandi -- Cannot be cancelled in summary proceedings; State's remedy lies only in a civil suit

Revenue Record -- Cancellation of Longstanding Jamabandi -- A longstanding jamabandi entered in the revenue record cannot be cancelled through summary proceedings. Where the State disputes i..

Patna High Court

Recall of Witness -- Recall to Prove Documents of Opposite Party -- Power under O.18 R.17 CPC limited to Court seeking clarification, not for parties to fill evidentiary gaps

(i) Civil Procedure Code, 1908, O.18 R.17 -- Recall of Witness -- Scope of Power -- Power under Order 18 Rule 17 CPC vests in the Court and is meant for clarification of evidence already on ..

Punjab & Haryana High Court

Sexual Harassment -- Absence of Sexual Intent -- Accidental exposure of private part while answering nature's call, without sexual intent, does not amount to sexual harassment

(i) Bharatiya Nyaya Sanhita, 2023, S.75(2) -- Sexual Harassment -- Accidental Exposure Without Sexual Intent -- Exposure of the body and intentional exposure of the body to a woman for a sex..

Karnataka High Court

Rape -- Absence of External Injury -- Absence of external injury does not disprove commission of rape where sole testimony of victim inspires confidence

(i) Indian Penal Code, 1860, S.375 -- Rape -- Absence of External Injury -- Absence of external injury on the victim does not lead to a presumption that no sexual assault was committed, as i..

Madras High Court

Previous Next

Case Law Today

Scan News QR