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Booking hotel room and entering with man doesn’t imply consent for sex: Bombay High Court

In a case of alleged rape, the Bombay High Court at Goa has ruled that even if a girl has booked a hotel room along with a man and goes inside the room, it does not mean that she has given her consent for sexual intercourse. A single-judge bench of the Bombay High Court led by Justice Bharat Deshpande quashed …

Bombay High Court

The Karnataka High Court has held that a person appointed on probation becomes a permanent employee only after the issue of an express order of confirmation. It held, “By mere expiry of the period of probation and continuing in service after the expiry of the period of probation, a civil servant does not automatically acquire the status of a permanent …

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

High Courts

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their …

[O VI R 17 CPC] Merely Because Proposed Amendments Relate To Same Property, Doesn't Imply That Party Can Change Nature Of Suit: Bombay High Court

The Bombay High Court recently reiterated that an amendment that completely changes the nature of the suit cannot be permitted. "Despite arriving at a finding that plaintiffs were introducing an altogether new case by amending the plaint, the trial Court has still proceeded to allow the application for amendment on the ground that since the amendment is also in respect …

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC, does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. The Court was adjudicating upon an appeal moved by the husband and mother-in-law of a deceased woman, challenging their conviction …

With India reporting its fourth monkeypox case from Delhi, the government has ordered increased surveillance at airports, ports, and other entry checkpoints. But this might not be much of a worry as virologists said the global health emergency status did not imply a higher number of cases. Speaking to India Today, virologist Dr Gagandeep Kang said, “A public health emergency …

Delhi High Court has reiterated that suspension of sentence, pending an appeal, doesn't imply a suspension of order of conviction. It is held by Justice Rekha Palli that in a criminal trial, if a convict has been granted bail or suspension of his sentence pending his appeal, that doesn't mean that his conviction ceases to operate. In the present case, …

Qualification & Registration As Advocate Does Not Ipso Facto Imply That The Person Practices As An Advocate: Delhi High Court [Read Judgment]

The Delhi High Court recently observed that the mere fact that a person is qualified and registered as an advocate does not ipso facto imply that the person is practicing as an advocate and is earning. Justice Sanjeev Sachdeva noted, "The mere fact that the respondent is qualified and registered as an advocate does not ipso facto imply that she …