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Showing posts from April, 2019

Mere Abuse In A Filthy Language Does Not Attract Offence Of Criminal Intimidation U/s 506 IPC: SC

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First and foremost, it must be said that the Supreme Court just recently on April 26, 2019 has in a notable judgment titled Vikram Johar v The State of Uttar Pradesh & Anr in Criminal Appeal No. 759 of 2019 (arising out of SLP (Crl.) No. 4820/2017) has sought to send a loud and clear message that mere act of abusing a person in filthy language does not satisfy the ingredients of the offence of criminal intimidation under Section 506 of the IPC. Very rightly so! This latest judgment authored by Justice Ashok Bhushan for himself and Justice KM Joseph came after hearing an appeal filed by one Vikram Johar against the High Court and the Trial Court orders refusing to discharge him from a criminal case.

At the outset, it is pointed out in para 2 of this judgment that, “This appeal has been filed challenging the judgment of the Allahabad High Court dated 06.02.2017 by which judgment, the criminal revision filed by the appellant was dismissed. The criminal revis…

Even God Cannot Shake My Faith In CJI Ranjan Gogoi

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Even if God himself appears before me and says anything against this incumbent CJI Ranjan Gogoi, I will say pointblank that, “You are God and can never speak lies. But I consider this CJI Ranjan Gogoi as one who can never do anything wrong. If you say anything against me I will immediately believe it. If you say anything against anyone else I will certainly believe it. But if you say anything against this CJI Ranjan Gogoi then certainly I will refuse to believe it. If you feel bad then I can’t help it!”

                        Even if my own parents or my brother or my best friend Sageer Khan who when I had lost my unflinching faith in Lord Shiva took a vow from me that I shall always worship him till my last breath in 1994 or other friends whom I love dearly say anything against this CJI Ranjan Gogoi, I will still just not believe it. It is this CJI who inspite of qualifying for Civil Services opted for law as a profession and it was this CJI who decided to give up his roaring practi…

Should Laptops and Cell Phones Be Allowed in Drug and Alcohol Rehab Centers?

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Woman Driven Out Of Matrimonial House Can File Case Where She Has Taken Shelter: SC

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Leaving not even an iota of doubt, the Supreme Court just recently on April 9, 2019 in a latest case titled Rupali Devi v State of Uttar Pradesh in Criminal Appeal No. 71 of 2012 with Criminal Appeal No. 619 of 2019 [Arising out of SLP (Cri.) No. 5695/2010], Criminal Appeal No. 620 of 2019 [Arising out of SLP (Cri.) No. 8246/2010], Criminal Appeal No. 621 of 2019 (Arising out of SLP (Cri.) No. 7387/2011), Criminal Appeal No. 622 of 2019 [Arising out of SLP (Cri.) No. 5052/2014], Criminal Appeal No. 623 of 2019 [Arising out of SLP (Cri.) No. 5139/2014] has laid down categorically that women can file matrimonial cases, including criminal matters pertaining to cruelty from the place where they have taken shelter after leaving or being driven out of their matrimonial home. This landmark and extremely laudable judgment came on an appeal filed by Rupali Devi against the Allahabad High Court which dismissed her plea to file a dowry harassment case from her parents house. We thus see that aft…

Sex After Obtaining Consent By False Promise To Marry Is Rape: SC

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It is significant to note that the Supreme Court most recently on April 9, 2019 has very strongly and sternly reiterated in a latest, landmark and laudable judgment titled Anurag Soni v. State of Chhattisgarh in Criminal Appeal No. 629 of 2019 (Arising out of SLP(Criminal) No. 618/2019) has reiterated in no uncertain terms that the consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges. All those men who dare to indulge in sex after giving false promise of marriage must now always bear it in mind that they will not be excused from rape charges as has been held in this most recent case. This commendable and notable ruling is bound to send a large and clear warning to all men that they cannot take women for granted and have sex with them by falsely promising to marry and then later reneging and escaping from all liabilities!

First and foremost, the ball is set rolling in this latest judgment authored by Justice …