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Quashing Sexual Violence Cases Based On Monetary Payments Would Imply 'Justice Is For Sale': Delhi High Court
A Delhi court has dismissed a petition filed by a man accused of sexual assault and threats against a woman, refusing to quash the First Information Report (FIR) registered against him. The woman, identified as Sonia (name changed to protect privacy), alleged that the man, Rahul (name changed to protect privacy), had…
NIA Act, Order Refusing Or Granting Bail To Accused Appealable U/S 21(4), Not As Petition Under CrPC: Manipur High Court
The High Court of Manipur recently issued a judgment clarifying the procedure for filing bail applications in cases investigated under the National Investigation Agency (NIA) Act. Key Highlights of the Case: Accused: Lhaineikim Lhouvum Kikim (Name based on the order) State: Manipur Charges: Investigated under the NIA…
Court asks police chief to ensure innocent persons are not arrested due to mistaken identity: Kerala High Court
In a recent judgment by the High Court of Kerala, a case involving mistaken identity and police action has brought to light crucial issues of procedural diligence and citizen rights. Background and Case Details: The petitioner, Sarah Mathew, was erroneously detained by the police on November 16, 2018, under a…
No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction
The Bihar Victim Compensation (Amendment) Scheme, 2019 has been introduced to bolster support for women victims/survivors of sexual assault and other crimes. This amendment, made in compliance with the directives of the Hon'ble Supreme Court of India in Civil Writ No. 565/2012 titled “Nipun Saxena and Ors. Vs. Union…
Court Protects Private Land Owners From JDA's Demolition Drive Amid Court Vacation, Cites "7 Sub-Rights" Under Article 300-A: Rajasthan High Court
The High Court of Rajasthan has granted a stay on the demolition of private properties in Jaipur. The order was passed by a vacation bench of Hon'ble Justice Ashok Kumar Jain on a writ petition filed by Sitaram Sharma and others. Case Background The Jaipur Development Authority (JDA) had initiated a drive to remove…
Court Allows Husband To Initiate Criminal Proceedings Against Wife For Falsely Accusing Him Of Cruelty, Claiming He Had HPV: Karnataka High Court
The Supreme Court of India has issued a strong warning against the misuse of Section 498A of the Indian Penal Code (IPC). This law, intended to protect women from cruelty at the hands of their husbands and in-laws, has come under scrutiny due to instances of its exploitation for vindictive purposes. What is Section…
POCSO Act, Secondary Evidence For Age Determination Of Victim Stands Legally Proven If Not Challenged By Defence During Trial: Patna High Court
The Patna High Court has directed the Bihar Legal Services Authority to pay a compensation of Rs. 2 Lakhs to a child victim of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. Details of the Case: Crime: The appellant (name withheld to protect victim's identity) was found guilty of…
Court Quashes Lok Adalat Order Allowing Withdrawal of Prosecution in Assault Case: Rajasthan High Court
The Rajasthan High Court has quashed an order passed by a Lok Adalat bench that allowed the withdrawal of prosecution in a case involving Meenu Singh and Palla @ Virendra Singh. Order Challenged Meenu Singh challenged the Lok Adalat order dated February 11, 2023, arguing that the Lok Adalat lacked the authority to…
S.138 NI Act, Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition: Rajasthan High Court
Jaipur, Rajasthan: The High Court of Judicature for Rajasthan has allowed a petition seeking correction of typographical errors in a complaint filed under the Negotiable Instruments Act (NI Act). The petitioner, Mahaveer Prasad Suman (deceased), had filed a complaint against Lalit Mohan Sharma for dishonoring a…
Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: Madhya Pradesh High Court
In a significant judgment that clarifies the distinction between a false promise of marriage and breach of promise, the High Court has quashed an FIR and subsequent proceedings involving Section 376 of the Indian Penal Code (IPC). Case Overview The case involved allegations against Rajesh Sharma who was accused of…
