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Prosecutrix's Testimony Not Conclusive; Evidence Negating Penetration Justifies Conviction for Attempt to Rape Instead of Rape: Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has delivered an important judgment while dealing with allegations under Section 376 RPC. The Court held that when medical evidence does not support penetrative sexual assault, a conviction for rape cannot be sustained merely on the statement of the prosecutrix. However, if…
Confirmation of Accounts Signed by Debtor Sufficient to Maintain Summary Suit Under Order 37 CPC: Delhi High Court
The Delhi High Court has held that a signed confirmation of accounts acknowledging a loan transaction and interest liability can be treated as a written contract and can be used as the basis for filing a summary suit under Order XXXVII of the Code of Civil Procedure, 1908. The Court passed the ruling while dismissing…
Conviction Cannot Be Denied Merely Due to Absence of DNA Test; Railway Staff Convicted for Minor's Rape After 14 Years: Srinagar Court
The Srinagar Court has ruled that absence of DNA profiling cannot defeat a rape prosecution when there is strong, reliable and trustworthy testimony of the victim supported by other evidence. The Court convicted a railway employee for kidnapping, wrongful confinement and rape of a 13-year-old minor girl under Sections…
Bail Denied to Man in Alleged ₹28.5 Lakh Fraud Case Involving False Promises of Judicial Influence: Punjab and Haryana High Court
The Punjab and Haryana High Court has refused to grant regular bail to Jitender Singh alias Jeetu in a case involving allegations of cheating, forgery, criminal breach of trust and criminal conspiracy. The Court observed that the allegations disclose a prima facie well-planned scheme in which a complainant was…
Dishonour of Cheque Under Section 138 of the Negotiable Instruments Act: Recovery of Money Should Remain Suspended Under Section 22 of SICA, 1985: Supreme Court
The Supreme Court of India decided a batch of appeals filed by Kusum Ingots and Alloys Ltd. and others against Pennar Peterson Securities Ltd. and other respondents. The dispute arose when post-dated cheques were issued by the company towards business liability, but the cheques were dishonoured by the bank due to…
Rape FIR Cannot Be Quashed Solely on the Basis of Settlement Between Parties: Rajasthan High Court
The Rajasthan High Court has refused to quash a criminal case registered under Section 376 Of The Indian Penal Code (IPC) despite a settlement between the complainant and the accused. The Court held that offences such as rape are serious crimes against society and cannot be terminated merely because the parties have…
Pre-Existing Medical Condition Cannot Negate Murder Charge When Post-Mortem Attributes Death to Alleged Assault: Jammu & Kashmir and Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has held that at the stage of framing charges, if a post-mortem report links death to injuries caused by an assault, the assault must be treated as the root cause of death. The Court further ruled that pre-existing medical conditions or alternative medical explanations…
Fresh Charge Memo Cannot Be Quashed; Procedural Defect in Earlier Charges Not a Bar to New Proceedings: Calcutta High Court
The Calcutta High Court has held that withdrawal of a defective departmental charge sheet does not prevent authorities from issuing a fresh charge memo in accordance with law. The Court ruled that disciplinary authorities are entitled to correct procedural defects and restart proceedings under the applicable service…
'Bidder Cannot Be Disqualified Based on a Condition Not Included in the Tender': Patna High Court
The Patna High Court has ruled that a bidder cannot be disqualified, blacklisted or penalized on the basis of a condition that was not part of the original Notice Inviting Tender (NIT). The Court emphasized that government authorities and public corporations are bound to act strictly in accordance with the tender…
Removal of Employee From Service in Private Unaided School Invalid Without Prior Approval of Director of Education: Delhi High Court
The Delhi High Court has held that the removal of a teacher from service by a private unaided school was illegal as it was carried out without obtaining prior approval from the Director of Education as mandated under Section 8(2) Of The Delhi School Education Act, 1973. The Court set aside the dismissal order and…
