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“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”
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“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
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The complainant alleged that teachers and students in government schools in Sambhal have to remove shoes in class as per the order of ‘Basic Shiksha Adhikari’. The complainant further alleged that all female teachers had to be addressed as ‘Didi’ or ‘Behanji’ as per orders.
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“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”
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Rajasthan High Court via the impugned order dated 11-11-2021 dismissed the appellant’s application for anticipatory bail opining that the appellant was allegedly involved in serious economic offence.
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“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”
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The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.
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The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.
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The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.
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Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.
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“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.
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Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.
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Supreme Court highlighted that the judgment in Union of India v. Pradeep Kumari, (1995) 2 SCC 736 has been rendered after considering the relevant provisions of the Statute and the principles of interpretation. However, the judgment in Ramsingbhai Jerambhai v. State of Gujarat, (2018) 16 SCC 445 is a short judgment only referring to the text of Section 28-A(1) of 1894 Act.
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“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
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The registration of further suits has been stayed as the matter challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991is sub-judice.
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The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.
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“It is a well-established principle of criminal jurisprudence that conviction on a charge of murder may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy. In cases involving circumstantial evidence, it is crucial to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably to the accused person’s guilt.”
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‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’
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“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
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The Court pointed out that the issue is of utmost importance as it affects the rights of every Hindu female. It is absolutely necessary that there must be clarity and certainty in the position of law that would govern proprietary interests of parties involving interpretation of Section 14 of the Hindu Succession Act.
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