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“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.
A quick legal roundup to cover important stories from all High Courts this week.
“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
There was no compelling material or evidence placed on record to establish that the continuation of criminal proceedings in the present case amounts to an abuse of the process of law
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.
A quick legal roundup to cover important stories from all High Courts this week.
“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”
“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”
“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”
“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”
A quick legal roundup to cover important stories from all High Courts this week.
“It is a well-accepted principle that bail is the rule and jail is the exception.”
“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
A quick legal roundup to cover important stories from all High Courts this week.