Paragraph 8 party may claim maintenance under different laws like HAMA and HMA since each offers distinct remedies. For example, a Hindu wife can seek maintenance under both HAMA and Sections 24 and 25 of HMA during proceedings like divorce or restitution. Paragraph 9 Although a party can approach courts under multiple enactments due to […]
1. Anurag Soni vs. The State of Chattisgarh 2019 (13) SCC 1 Summary of Paragraph 11, 19 (10.5) and 16: Paragraph 19(10.5): Refers to Dr. Dhruvaram Murlidhar Sonar, highlighting the distinction between rape and consensual sex. The court must examine whether the complainant had mala fide motives or made a false promise to satisfy lust.
CONCENSUAL RELATIONSHIP CANNOT BE TERMED AS “RAPE” (PRATIK) Read More »
Paragraph 16 emphasizes that at the stage of framing charges under Sections 227 and 228 of the Cr.P.C., the court’s role is to assess whether there is sufficient evidence to presume the accused committed an offense. It clarifies that a Magistrate should evaluate materials to determine if a prima facie case exists but should not
Bail granted before the expiry of the statutory period of a Bangladeshi National as he was not involved in any other offence. Moreover, an Indian National and a Foreign National has the same rights in the Country without any discrimination. Shivinder Mohan Singh Vs. Directorate of Enforcement Lambert Kroger Vs. Enforcement Directorate Md. Kyaw Kyaw
Bail Granted to Bangladeshi National (Arafat Omi Judgments) Read More »
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