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POCSO FIR Quashing in Promise to Marry Case- SC
Reiterating that a consensual relationship based on a promise to marriage will not amount to the offence of rape, the Supreme Court recently quashed a case under the POCSO ACt against a man. “This Court has held in several decisions that promise to marriage and the subsequent physical relationship between the two with consent would…
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Criminal Revision for Reducing Maintenance Granted to wife- HighCourt
The Calcutta High Court has held that due to the development in jurisprudence around granting maintenance, it is no longer handed out as a payment for subsistence but instead to preserve the stability of one’s lifestyle. A single bench of Justice Bibhas Ranjan De held: “The present time and age there has been a drastic…
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DNA Test Petition High Court Chandigarh
The Punjab and Haryana High Court has upheld an order mandating a DNA test while emphasizing that a man’s right to privacy can’t override a child’s right to know their biological parentage. The observation was made while dismissing a petition that challenged a trial court’s decision allowing a child’s plea for the comparison of his…
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Default Bail when HC Regular Bail Pending
In a significant ruling, the Punjab and Haryana High Court has clarified that a Magistrate or the Sessions Court, as the case may be, retains the competence to grant default bail to an accused, even when a regular bail application is pending before a Sessions Court or the High Court. The development comes while hearing…
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Dowry Death Discharge By HighCourt in Cruelty Case
While upholding discharge of a husband and his family members in a dowry death and cruelty case, the Delhi High Court has observed merely because the deceased was seen crying cannot per se make out any case of dowry harassment. Justice Neena Bansal Krishna said that the statements of the brother and sister of the…
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