Search Results for "misconception"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "misconception"

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High Court

Bombay High Court Quashes FIR and Charge Sheet in Rape Case Based on Promise of Marriage — Consensual Relationship Between Adults Not Constituting Offence Under Section 376 IPC. The court held that allegations of rape based on a false promise of marriage must be examined in the context of the parties' marital status, the duration of the relationship, and the complainant's conduct, and that the FIR was an abuse of process.

28 Feb 2025

The petitioner, a 58-year-old US citizen, challenged the FIR and charge sheet alleging rape under Section 376 IPC based on a promise of marriage. The ...

Supreme Court

Supreme Court Quashes FIR in Rape Case Due to Consensual Relationship and Delay — Promise to Marry Broken Does Not Constitute Rape Under Section 376 IPC When Relationship Was Consensual and Long-Standing

4 Oct 2024

The Supreme Court allowed the appeal filed by Lalu Yadav against the order of the Allahabad High Court dismissing his writ petition seeking quashing o...

Supreme Court

Supreme Court Initiates Contempt Proceedings for Wilful Disobedience of Anticipatory Bail Order — Police Custody Remand Granted Despite Interim Protection. The Investigating Officer and Magistrate acted in gross derision of the Supreme Court's order granting interim anticipatory bail by arresting the petitioner and granting police custody remand without any indication of non-cooperation.

7 Aug 2024

The petitioner, Tusharbhai Rajnikantbhai Shah, was an accused in FIR No. 11210068230266 dated 21 July 2023 for offences under Sections 420 and 120B of...

High Court

Bombay High Court Quashes Rape Case Against Applicant in Promise of Marriage Dispute — Lack of Evidence of False Promise from Inception. Physical Relations Consensual Based on Long-Standing Relationship and Subsequent Conduct of Victim Indicates No Deception Under Section 376(2)(n) IPC.

30 Jan 2024

The applicant, Gaurav Wankhede, filed a criminal application under Section 482 CrPC seeking quashing of Sessions Case No.569/2019 arising out of FIR N...

High Court

Bombay High Court Allows Discharge of Accused in Rape Case Based on Promise of Marriage - Finds No Evidence of False Promise or Coercion from Inception. The court held that the prosecutrix's consent was not vitiated as the promise of marriage was not shown to be false at the inception, and the relationship was consensual for several years.

7 Sep 2023

The case involves a criminal revision application filed by the accused, Virendra Dinkarrao Pilondre, challenging the order dated 27.11.2021 passed by ...

Supreme Court

Supreme Court Quashes High Court Order for De Novo Trial in Gang Rape and Abetment of Suicide Case - Separate Trials for Different FIRs Upheld. The High Court's direction to club trials under Section 223 CrPC and order fresh proceedings was set aside as the offences arose from distinct FIRs with separate investigation histories.

8 Oct 2021

The appeals arose from a High Court judgment that remitted orders of acquittal and conviction from two separate FIRs for fresh trial and directed club...

High Court

Bombay High Court Dismisses Review Petition with Costs in Arbitration Appointment Case. Review Petition Found Misconceived, Mischievous, and Vexatious Under Commercial Courts Act, 2015.

4 Aug 2021

The Bombay High Court dismissed a Review Petition filed by Priyanka Communications (India) Pvt Ltd and others (the Agarwals) against an order appointi...

High Court

Bombay High Court Allows Quashing of Rape FIR in Consensual Relationship Case Based on Compromise and Marriage Between Parties. The court held that continuing prosecution under Section 376(2)(N) IPC would be an abuse of process where the victim and accused have married and settled the dispute.

12 Feb 2020

The applicant, Mohammed Aamir Ansari, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR ...

Supreme Court

Supreme Court Dismisses Review Petitions in Rafale Procurement Case, Corrects Factual Error in Judgment. The Court held that the review petitions did not disclose any error apparent on the face of the record and that the scope of judicial review under Article 32 in procurement matters is limited to examining the decision-making process, pricing, and offsets.

14 Nov 2019

The Supreme Court of India delivered a judgment on a review petition and miscellaneous applications arising from its earlier judgment dated 14.12.2018...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

15 Feb 2019

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

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