Subject Notes on HINDU MARRIAGE ACT

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SC grants bail to P. Chidambaram in CBI’s INX Media Case
Supreme Court bench of Justice R. Banumathi, Justice A.S. Bopanna and Justice Hrishikesh Roy granted bail to former Union Finance Minister P Chidambaram in the case registered by CBI on corruption allegations in relation to INX Media FDI transaction. Since Chidambaram is at present under the custody of Enforcement Directorate, he will not be able to walk free despite the bail granted by SC in this case. P. Chidambaram was arrested from his Jor Bagh residence on August 21 by the CBI and has been custody since then.
Date - 22/10/2019 13:01:38

Absence of injury to the prosecutrix means there was consent to sexual intercourse: Punjab and Haryana HC
Punjab and Haryana High Court division bench of Justice Jaswant Singh and Justice Lalit Batra refused to grant Leave to Appeal against the judgment of acquittal in a rape case mentioning that absence of injury on the person of the prosecutrix would lead to an inference that she was a consenting party to sexual intercourse. "Medical Expert…has stated that there were chances of recent sexual intercourse with the prosecutrix…the doctor did not find any injury on the person of the prosecutrix, from which, it can be inferred that she was a consenting party to the sexual intercourse. There is no corroborative evidence to the testimony of the prosecutrix that she was a victim of rape…in these circumstances, we inclined to extend the benefit of the doubt to the respondents," observed the court. | Union Territory, Chandigarh vs. Amit Kumar @ Rachu and others| 16/10/2019
Date - 22/10/2019 13:01:08

High Court cannot modify an order by Supreme Court under Section 482 CrPC: SC
Supreme Court bench of Justice Indira Banerjee and Justice MR Shah has observed that the inherent power of the High Court under Section 482 of the Code of Criminal Procedure does not enable the High Court to alter, add to, modify or vary any order that has been affirmed by the Supreme Court. In the present case accused was convicted for embezzlement for 69 challan cases. After the conviction was upheld in the Supreme Court, in an appeal under 482 CrPC the High Court modified the sentence for concurrent conviction. While setting aside the High Court order, SC bench said that "The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice, does not enable the High Court to alter, add to, modify or vary any order that has been affirmed by the Supreme Court."| State of Punjab vs. Ranjit Kaur| 14/10/2019
Date - 22/10/2019 13:00:32

Bombay HC reversed the conviction of an accused in Bombay Riots of 1992
The Bombay High Court bench of Justice Sadhna S. Jadhav set aside the conviction of Abdul Gani Mulla, a man sentenced to seven years in prison for allegedly ransacking the house, assaulting the wife and children of another man Balkrishna during the Bombay riots of 1992. The incident allegedly took place on December 7, 1992 after riots had broken out all over Mumbai post the demolition of Babri Masjid at Ayodhya by Kar Sevaks. Incidents of pelting stones and burning of vehicles, public and private, were being reported all over Mumbai. The suspected the terms of complainant with the accused and made the observation that "The area where incident has occurred was occupied by Hindus and Muslim. Communal riots were unknown to the said area prior to 07/12/1992 except some quarrel between complainant and the accused no. 13. That, all the 13 accused named by PW-1 Balkrishna are acquitted of all the charges leveled against them. There was no charge framed against the present appellant for an offense under sections 452 or 326 of the Indian Penal Code." |Abdul Gani Kamruddin Mulla vs. Senior Inspector of Police and Anr.|10/10/2019
Date - 21/10/2019 15:41:53

SC ordered transfer of ‘Sex CD’ case out of Chhattisgarh on CBI’s plea
Supreme Court issued a notice to Chhattisgarh Chief Minister Bhupesh Baghel on CBI's plea to transfer the trial of the 2017 'sex CD' case out of the state. The case is related to a CD which surfaced in October 2017 allegedly featuring sexual acts of Rajesh Munat, who was the Minister for Public Works Department in the then BJP government. CBI earlier had submitted that witnesses in the case were feeling threatened by the Chief Minister.
Date - 21/10/2019 15:41:24

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