Nupur Sharma Is Safe from Coercive Action in all FIRs Following Remarks About the Prophet Mohammed, rules the Supreme Court

-Report by Ishika Sehgal The Supreme Court said on 19 July that no coercive measures be used against her in connection with the numerous FIRs filed in various states about her comments on the Prophet Mohammed during a television channel debate on May 26th. The Court declared that the same relief would apply to anyRead More

Dying Declaration must be subject to close scrutiny before being relied upon: The Supreme Court

-Report by Rhea Mistry In Kamal Khudal v. the State of Assam, the supreme court stated that conviction can depend upon a dying declaration after corroborating and checking whether the said dying declaration is true. Even if the dying declaration is not corroborated, the court can move forward with the decision relying on it withoutRead More

Petition seeking Restitution of Conjugal rights cannot be amended as a petition for Divorce: Bombay High Court

-Report by Nishtha Tiwari In the case of Ariz Kohli v. Tehzeeb Kohli, Tehzeeb Kohli filed an application in the year 2018 for restitution of Conjugal rights. After two years she amended the application and filed it for divorce which stated that marriage could not be saved and her husband’s conduct revealed that restitution cannotRead More

The Supreme Court allows an Unmarried woman to Abort

-Report by Ishika Sehgal The Supreme Court of India, in the case of X vs. Principal Secretary Health and Family Welfare Department & Anr, allowed an unmarried woman to abort a pregnancy resulting from a consensual relationship with her partner. The petitioner is a permanent resident of Manipur and is currently residing in Delhi. SheRead More

Supreme Court allows pre-arrest bail in an alleged rape case

-Report by Monishka Allahbadi The Supreme Court recently granted pre-arrest bail to a man accused of rape. An FIR for the crime of repeatedly committing rape on the same lady (Section 376(2)(n)) was filed against an accused. In the case of ANSAAR MOHAMMAD v. THE STATE OF RAJASTHAN & ANR, an appeal was preferred beforeRead More

The Burden of Proof on the appellant to prove Bigamy- MP High Court

-Report by Avinash Pandey In the case of Kailash Vs. Gordhan was presented before the Madhya Pradesh High Court challenging the legality of the first marriage and proving the second marriage was not illegal under the Indian Laws. The judgment of the Judicial First-Class Magistrate was challenged who had dismissed the appeal after allowing appealsRead More

KERALA HIGH COURT ON DENYING BAIL IN SEXUAL ASSAULT CASES

–Report by Monishka Allahbadi Kerala High Court rejected a bail application in MONSON MAVUNKAL V. STATE OF KERALA & ANR considering the gravity of the accusations against him and his criminal record. Justice Bechu Kurian Thomas ruled that the prosecution’s worries that the accused would influence victims and witnesses and tamper with the evidence wereRead More

Bangalore Pastry Shop restrained from using “Facebook” Trademark: Delhi High Court

–Report by Rhea Mistry The Delhi High Court in the case of Meta Platforms INC. v. Noufel Malol & ANR passed an injunction order, restraining the Bangalore Pastry making company from using domain names similar to Facebook. On 12th November 2020, this court passed an interim order stating that the defendants, its agents and theRead More