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Supreme Court & High Courts Judgments
Police must record statements and preserve videos of amicable settlements in criminal matters to establish that consent of parties is free, voluntary, and without pressure or threat. Such re..
Orissa High Court
A confession made by a person in police custody is inadmissible under Section 26 of the Evidence Act unless made in the immediate presence of a Magistrate. Section 26 operates independently ..
Allahabad High Court
Hymen rupture or vaginal injury is not an essential ingredient to prove penetrative sexual assault under Section 3(a) of the Protection of Children from Sexual Offences Act, 2012. Penetratio..
Kerala High Court
Under the Protection of Children from Sexual Offences Act, 2012, a parent's refusal to consent to internal medical examination of a child victim, to prevent further trauma, does not warrant ..
Delhi High Court
Siblings of a deceased accident victim are not entitled to compensation under the head of "loss of love and affection." Under the framework of compensation in motor accident death claims, as..
Under Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, a Magistrate is required to endeavour to dispose of every application under Section 12(1) within 60 days of i..
Contempt jurisdiction extends beyond parties named in a judgment. A third party who has knowledge of a court order and knowingly assists in its non-compliance, or whose conduct frustrates it..
Supreme Court
Under the POCSO Act, 2012, refusal of a parent to consent to internal medical examination of a child victim cannot by itself justify an adverse inference against the prosecution, particularl..
Protection and maintenance under the Protection of Women from Domestic Violence Act, 2005 are available to a woman even without legal proof of a valid marriage, provided a relationship in th..
Bombay High Court
A final order passed under Section 25 of the Hindu Marriage Act, 1955 granting permanent alimony is appealable by way of a Civil Miscellaneous Appeal under Section 28(2) of the Act, and not ..
Andhra Pradesh High Court
Conviction in a gang rape case under Section 376-D of the IPC cannot be sustained where the ocular account of the prosecutrix is materially inconsistent with medical evidence, key eyewitness..
Mutation of property cannot be withheld on the ground of pending municipal dues unless a statutory provision expressly permits such a condition. An administrative order of the Municipal Comm..
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