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Others Judgments and Orders

Ingredients of an offence under IPC 494 (Bigamy)

 21 May 2020

Whether the second marriage entered into by appellant with the second accused Kasturi, was a valid marriage under Hindu Law so as to constitute an offence under section 494 of the Indian Penal Code...

Posted in Others |   3016 hits

Sports Arbitration

 20 May 2020

The panel was satisfied to accept that a simple internet search would have revealed that Decadurabolin contains Nandrolone and that it is an anabolic steroid, but that the Player did not take any such precaution. Likewise, the Player does not contend..

Posted in Others |   838 hits

Special laws prevail over general laws

 20 May 2020

The Calcutta high court held that the right of the central government for appointing an Arbitrator stands forfeited as the plaintiff invoked his power under Section 11 of the Arbitration Act. ..

Posted in Others |   784 hits

Court's express concern over plight of migrant workers: Arduous journey back home

 19 May 2020

Even after the orders and directions given by various High Courts and the apex court, the fatalities among this vulnerable section have not stopped. On 16th May a road accident claimed the lives of 35 migrant workers where in one incident two trucks ..

Posted in Others |   551 hits

POCSO act will cover adults who faced sexual harassment as a minor: Andhra Pradesh HC

 19 May 2020

Andhra Pradesh High Court delivered a major verdict ruling that if a minor has been a victim sexual harassment till majority or files a case in the matter after attaining majority, the accused in such cases must be tried under the Protection of Child..

Posted in Others |   960 hits

Attempt to commit suicide [Section 309 IPC]

 19 May 2020

A woman of age 20 years was tried for sec 302 and 309 of the Indian Penal Code. She wanted to go to her parental home, because her husband gave a beating to her. Therefore, she left matrimonial house in the night. While running, she turned around in ..

Posted in Others |   854 hits

Consent for additional surgery is Essential

 19 May 2020

The court acquitted Dr. Prabha Manchanda of all the charges framed against her for negligence. The respondent having found endometriosis, processed removal of uterus and ovaries in order to provide a permanent relief to the appellant. The surgery cou..

Posted in Others |   1267 hits

Rejection of the new sports code

 19 May 2020

The Indian Olympic Association (IOA) has rejected the latest draft of the National Sports Code, as well as raising concerns regarding many of the articles in the newly drafted draft. The 2011 National Sports Code is still in place but in 2017 a new N..

Posted in Others |   611 hits

BCCI is not State within the meaning of Article 12

 18 May 2020

Zee Telefilms had bid for telecast rights for certain tournaments which had been cancelled by BCCI. Against this, Zee Telefilms filed a Writ Petition under Article 32 of the Constitution of India on the ground that the Board being recognized by the U..

Posted in Others |   6258 hits

Compensation of 1 crore for medical negligence

 18 May 2020

The court held Nizam Institute of Medical Sciences and its doctors liable for the charges framed against them for negligence. The court found that the surgery had neurological implications and it should have been conducted under the presence of a neu..

Posted in Others |   1973 hits

Mahmood Farooqui vs. State (Govt Of Nct Of Delhi)

 18 May 2020

The Delhi High Court, for crimes related to sexual harassment, including the current consent clause, did not follow the values and the enforcement of the law as adopted in 2013. Rather, the court was more confident applying section 90 of the Indian P..

Posted in Others |   5600 hits

Conviction of the appellant under section 363 of the Indian Penal Code [Take out of keeping of the lawful guardian]

 13 May 2020

The court stated that after pointing out that there was an essential distinction between the words "taking" and "enticing" it was no doubt observed that the mental attitude of the minor was not of relevance in the case of taking and that the word "ta..

Posted in Others |   991 hits

IPC [S.302] - Mitigating factors and Death sentence - Santosh Kumar Singh vs. State through CBI (2010) 9 SCC 747

 13 May 2020

The Court identified that when a decision with regard to sentencing is to be chosen between death sentence and life imprisonment, the philosophy underlying “rarest of the rare” principle only demands the imposition of a lesser punishment. The Bench g..

Posted in Others |   1803 hits

Jessica Lal Murder Case

 12 May 2020

In the light of the above discussion, on 19 April 2010 the court held that the prosecution has established its case beyond doubt against the appellants and were in agreement with the conclusion arrived at by the High Court...

Posted in Others |   1933 hits

Conviction of the appellant under section 363 of the Indian Penal Code

 12 May 2020

The court was satisfied, upon the material on record, that no offence under S. 363 had been established against the appellant and that he is, therefore, entitled to acquittal. Accordingly they allowed the appeal and set aside the conviction and sente..

Posted in Others |   1064 hits

Section 304, IPC: Causing death by negligence

 11 May 2020

It was opined that after examining all the medical papers accompanying the complaint, it was found that no case of recklessness or gross negligence had been made out against the doctor to compel him to face the trial for offence under section 304A of..

Posted in Others |   1230 hits

Whether the emissions generated from industries are air pollutants having destructive effect on Taj and people living in TTZ

 09 May 2020

The Hon’ble court after observing reports given by various technical authorities like the Varadharajan Committee and The Central Board for the prevention and Control of Water Pollution, held that the emissions generated by the coke/coal consuming ind..

Posted in Others |   801 hits

How can dishonest intention and unlawful means be determined u/s 378 of IPC?

 09 May 2020

After considering the evidences and conclusions in previous trials, the Court could not establish that the Trial Courts or the High Court were wrong in holding the case against the appellant. Implied consent for the trainer to fly an aircraft do not ..

Posted in Others 1 comments |   1038 hits

Sexual Harassment at workplace

 09 May 2020

Bhanwari Devi who was a social activist / worker in one village in Rajasthan. She was employed under a rural social development program which worked to stop child marriages in the village and this social program was administered / initiated by the st..

Posted in Others |   1118 hits

Execution of Delhi rape case convicts

 09 May 2020

The court held Mukesh Singh, Vinay Sharma, Akshay Thakur and Pawan Gupta guilty for rape, murder, destroying evidences and unnatural offence of the girl based on the testimony of the male companion and medical reports of the victim. Ram Singh, the pr..

Posted in Others |   963 hits