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consent

Case BriefsHigh Courts

Ker HC | Requirement of landlord’s consent for renewal of trade licence can be dispensed when relations between landlord and tenant are strained

Kerala High Court: The Division Bench of Hrishikesh Roy and A.K. Jayasankaran Nambiar. JJ. dismissed a writ appeal filed by landlord against

Published on February 12, 2019February 13, 2019By Bhumika Indulia
Leave a comment7176 views
Case BriefsHigh Courts

J&K HC | Charges not established against rape accused since victim’s consent was established through circumstantial evidence

Jammu and Kashmir High Court: The Bench of Gita Mittal, CJ and Tashi Rabstan, J. dismissed the application filed to assail the

Published on February 2, 2019February 4, 2019By Bhumika Indulia
Leave a comment2962 views
Case BriefsHigh Courts

Bom HC | Under S. 34 of A&C Act, Court has to see whether the view taken by Arbitrator is a judicially possible view

Bombay High Court: The Bench of S.C. Gupte, J. while addressing an arbitration petition challenging the award passed by a sole arbitrator,

Published on January 23, 2019January 24, 2019By Bhumika Indulia
Leave a comment5210 views
Case BriefsHigh Courts

Consent of complainant required for compounding of offence under Section 138 of Negotiable Instruments Act, 1881

Punjab and Haryana High Court: A Single Judge Bench of Rajbir Sehrawat, J., dismissed the three petitions which were addressed together involving

Published on November 19, 2018December 3, 2018By Bhumika Indulia
2 Comments11551 views
Case BriefsHigh Courts

Refusal of father to accept marriage does not amount to false pretext by accused; rape convict acquitted in light of ‘consent’  

Calcutta High Court: A Single Judge Bench comprising of Rajasekhar Mantha, J. allowed an appeal filed by the appellant against of the

Published on September 24, 2018September 28, 2018By Bhumika Indulia
Leave a comment5581 views
Case BriefsHigh Courts

Accused acquitted of Section 376 IPC as victim was capable of consenting under  law in force at time of incident

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. allowed a criminal appeal filed against the order of the

Published on August 21, 2018August 24, 2018By Bhumika Indulia
Leave a comment13419 views
Case BriefsHigh Courts

Using consent for dissolution of marriage to gain advantage in other litigations constitute ‘cruelty’ under Hindu Marriage Act  

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. allowed an appeal filed under Section 28 of Hindu

Published on August 18, 2018August 20, 2018By Bhumika Indulia
Leave a comment5203 views
Case BriefsHigh Courts

Decree passed by Court of Queen’s Bench of Alberta, Canada confirmed by Bombay HC

Bombay High Court: A Single Judge Bench at Goa comprising of C.V. Bhadang, J., confirmed the decree of dissolution of marriage between

Published on July 30, 2018August 2, 2018By Bhumika Indulia
3 Comments4138 views
Case BriefsSupreme Court

Rape accused granted bail on finding the sexual relationship to be “consensual”

Supreme Court: The Bench comprising of Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ. upheld the bail granted to a

Published on June 27, 2018June 27, 2018By Bhumika Indulia
Leave a comment11965 views
Case BriefsHigh Courts

Decree of divorce by mutual consent is appealable where the consent itself is disputed

Allahabad High Court: An appeal filed by the wife against the decree of divorce by mutual consent, was allowed by a Division

Published on June 1, 2018June 25, 2018By Saba
Leave a comment10562 views
Case BriefsHigh Courts

Consent for sexual intercourse under misconception of fact is not free consent

Madhya Pradesh High Court: A Single Judge Bench comprising of Sushil Kumar Palo, J. dismissed a petition after observing the factual and

Published on May 15, 2018June 19, 2018By Saba
Leave a comment7656 views
Hot Off The PressNews

Consent already manifest in Hindu Marriage Act; No interference warranted: SC

Supreme Court: The Bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ refused to interfere with the provisions of

Published on April 11, 2018By Prachi Bhardwaj
Leave a comment4465 views
Case BriefsHigh Courts

Consent for sexual intercourse, of a girl aged 14 years is immaterial and it is rape under POCSO Act

Karnataka High Court: While deciding a criminal petition filed under Section 439 of CrPC, a Single Judge Bench of Budihal R.B., J.

Published on October 14, 2017October 27, 2017By Saba
1 Comment8670 views
Case BriefsHigh Courts

Mother can be granted permission to give child in adoption if father has renounced the child

Allahabad High Court: The Court observed that a child can be given in adoption by a parent if the other parent has

Published on October 11, 2017November 2, 2017By Saba
Leave a comment5295 views
Case BriefsHigh Courts

Consent of minor girl is immaterial and not a mitigating circumstance for reducing sentence in a rape case

Delhi High Court:  Disposing of an appeal challenging the conviction and sentence under Sections 363, 366 and 376 of the Penal Code,

Published on May 18, 2016June 27, 2016By Sucheta
Leave a comment8514 views
High Courts

Minor daughter’s custody shifted to her mother keeping in mind the welfare of the child

Bombay High Court: Upholding the welfare of the child as the most important factor in a custody battle, a bench comprising of 

Published on March 12, 2015October 14, 2015By Sucheta
1 Comment6960 views

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