HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Amit Malviya defamation case; Shilpa Shetty SC/ST Act; Home Guards; Execution of Arbitral award; and more
A quick legal roundup to cover important stories from all High Courts this week.
IPC
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC
Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.
SC exempts 4 convicts from surrendering before Trial Court in 2013 assault case while it decides credibility of injured witness who improved version
The High Court refused to interfere with the sentence imposed on convicts, even after noting inherent contradictions in the statements of the prosecution witnesses and placed major credence on the inconsistent statements of injure and her husband, to establish the liability.
‘Act quite close to cannibalism’; Bombay HC confirms death sentence of a man who killed, intended to eat his mother
The present case is the most brutal, barbaric, and gruesome murder of a 60-year-old mother by her son on 28-08-2017 at Makadwala Vasahat, Kolhapur, where her body parts, i.e., liver, intestine, heart, rib and breast were eviscerated outside
Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court
It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.
Allegations are general in nature’; Bombay HC grants bail to trustees, homeopathic doctor allegedly providing bogus doctors to M. T. Agarwal Hospital
The informant’s statement does not identify individual/s as victims whose deaths/injuries can be relatable to specific acts of commission/omission on the part of applicants before this Court.
NRJ Series | A person cannot be made vicariously liable under Section 34 of IPC without having anyone to share common intention with [(1953) 2 SCC 610]
This report covers the Supreme Court’s Never Reported Judgment, on common intention, dating back to the year 1953.
Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years
In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.
POCSO Court sentences, a 71-yr-old man, to life imprisonment with fine of ₹ 50,000/- for rape of 5-yr-old granddaughter
The complaint was lodged by the victim’s mother, leading to the registration of a case under IPC and POCSO Act.
Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi
‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’
Delhi HC directs Union to expeditiously decide on plea for restoring legal protection against non-consensual sexual acts in Bharatiya Nyaya Sanhita, 2023
The petition was requested to be treated as a representation since the Government is in the process of receiving inputs on the new criminal laws from various stakeholders.
‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating
“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
NRJ Series| Evidence of related eyewitness can be accepted without corroboration [(1953) 2 SCC 604]
This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.
‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC
To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”
Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar
The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man
The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.