Registration of FIR under CrPC after the commencement of BNSS is not a curable defect
The Karnataka H.C. has held that the police registering F.I.R. under the repealed CrPC when the bass was enforced on 1st July 2024 is incorrect.
The Bombay High Court Overturns An Order That Denied A Prisoner Furlough For Failing To perform Carpentry Work While Incarcerated
In a recent decision, the Bombay High Court rejected a Special Police Inspector General of Prisons (East Region) decision that had denied a prisoner furlough vacation because the convict had refused to engage in "carpentry" work while there.
Rajasthan HC Orders On Accuse Can Refuse To Give Blood Sample For DNA Profiling In Rape Case
court noted that even after the court issued an order to that effect, the accused had the option to refuse to donate his blood and to issue a statement of such refusal. Furthermore, it was established that such a choice would trigger legal
If There Was No Valid Permit At The Time Of The Accident, The Insurer Must Compensate Claimants And Recover Money From The Vehicle Owner : Karnataka HC
The Karnataka High Court has maintained that the insurance company is liable for paying claimants' compensation and collecting it from the car's owner, even if the vehicle that caused the accident lacked a valid permit or fitness certificate at the time of the
Able-bodied wives avoiding employment, cannot misuse section 125 CrPC
The court rejecting the claims of the woman said that it is the primary responsibility of the woman to seek employment and support herself.
Kerala HC Decriminalise: The Attempt Of Suicide Is No Longer An Offence Due To Enactment Of Mental Healthcare Act, 2017
The court noted that under the Mental Healthcare Act (MH Act) of 2017, attempting suicide is largely not an offense, presuming severe stress unless proven otherwise.
Messages without sexual intent sent to minor: No offense is made u/s 11 of POCSO
there was no evidence against the petitioner that would be sufficient to prove that he had been sending messages constantly to the minor with a ‘sexual intent’
Gauhati High Court: Forcible Sex in Marriage Not Rape Under IPC Exception
Single Judge Malasri Nandi observed that non-consensual intercourse between a man and his wife, if she is above 15 years, does not amount to rape. if it is violent, cannot be considered rape. The prosecution failed to prove the accused/appellant beyond reasonable doubt.
Allahabad High Court Clarifies Standards for Proving Cruelty in Divorce Cases
The Allahabad High Court has ruled that courts can only uphold allegations of cruelty based on proven facts and evidence. The court stated that courts are not required to imagine ideal family or relations to determine the infliction of cruelty. Unless proven facts
The Writ Petition and Its Pleadings Can Be Tagged From The E-Filing Database, According To Kerala High Court’s Procedure For Filing Writ Appeal
The Kerala High Court this week released guidelines for the filing of Writ Appeals. These guidelines state that the pleadings and supporting documentation for an online writ petition, the decision of which is contested in the appeal, must be "tagged" from the e-file
