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Landmark Judgments and Articles on Law

Whether the court can determine the age of the Juvenile based on the driving license or Voter ID card of the Juvenile?

ALLAHABAD HIGH COURT Case :- CRIMINAL REVISION DEFECTIVE No. – 136 of 2022 Revisionist :- Naushad Ali Opposite Party :- State Of U.P. Through Secretary Home And Another Coram: Hon’ble Rahul Chaturvedi,J. Dated:  8.4.2022 Heard Shri Suresh Kumar Maurya, learned counsel for the revisionist and learned A.G.A….

Sex on false promise of marriage can’t be presumed as rape merely because accused married another woman immediately after sex with prosecutrix

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 30TH DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 CRL.A NO. 568 OF 2020 AGAINST THE JUDGMENT IN SC 237/2015 OF…

Matrimonial case can’t be transferred on ground of distance/ financial stress if plea u/s 24 HMA has already been allowed

High Court of Judicature at Allahabad A.F.R. Court No. – 9 Case :- TRANSFER APPLICATION (CIVIL) No. – 704 of 2021 Applicant :- Smt. Shalinee Dubey @ Radhika Dubey Opposite Party :- Abhishek Tripathi @ Gopal Counsel for Applicant :- Chaman Aara,Shiv Vilas Mishra Counsel…

Section 376D FIR Quash – Allegations are found to be baseless

Allahabad High Court Nazia Vs. State Of U.P. Thru. Prin Secy Home And Others Allahabad High Court (Oct 4, 2018) CASE NO. Misc. Bench No. – 16855 of 2018, Misc. Bench No. – 16832 of 2018, ATTORNEY(S) – Nutan Mishra, Santosh Kumar Bhatt – Santosh Kumar…

Bail in POCSO – Went with man & gave birth to child can’t say 15yr old didn’t know impact of her actions

HIGH COURT OF M.P. : BENCH AT INDORE M.CR.C. No.41304/2021 Rakesh S/o Ambaram vs. State of M.P. Indore : 09/09/2021 :- Shri Amit Mittal, learned counsel for the applicant. Shri Kapil Mahant, learned Panel Lawyer for the nonapplicant/State. Heard. Case-diary perused / challan papers. O…

BAIL, Consensual sex is not Rape

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.205 OF 2020 Vishnu Sitaram Sarode Applicant versus The State of Maharashtra Respondent Mr.Ganesh Gupta i/by G.G.Legal Associates for applicant. None present for Respondent no.2. Mr.S.R.Agarkar, APP, for State. CORAM : PRAKASH…

Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Vikas Kunvar Srivastav, J. BAIL No. – 5451 of 2018 Ajay Kumar vs. State Of U.P Counsel for Applicant :- Sudhakar Mishra,Atul Verma,Hari Krishna Verma,Shitla Prasad Tripathi; Counsel for Opposite Party :- G.A. 1. The case…

False rape case to claim Custody

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. – 9 Case :- MISC. BENCH No. – 30715 of 2018 Petitioner :- Dr.Prof. Ravi Dev @ R.D. Singh Respondent :- State Of U.P. Thru. Secretary Home & 2 Others Counsel for Petitioner :- Rishad…

Whether court should release the Rape accused on bail if the victim has taken a u-turn?

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12704 of 2021 DECIDED ON:25th MARCH, 2021 Subhash Chander Vs State of Haryana CORAM: HON’BLE MR. JUSTICE AVNEESH JHINGAN. The matter is taken up for hearing through video conference due to COVID-19 situation. This…

Kerala High Court directs Police action against Woman who made False Rape Complaint after Consensual Sex

Kerala High Court The vs Unknown on 22 February, 2021 P.V.KUNHIKRISHNAN, J B.A.No.7754 of 2020 Dated this the 22nd day of February 2021 ORDER The petitioner in B.A. No. 7754/2020 is a Junior Health Inspector, Community Health Cetnre, Kulathupuzha. Crime No.1438/2020 was registered against him…

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