The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of “rape” as contained in Section 375, IPC refers to “SEXual intercourse” and the Explanation appended to the Section provides that penetration is sufficient to constitute the SEXual intercourse necessary to the offence of rape. Intercourse means SEXual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view.
AIR 2007 SCW 4367 : JT 2007 (6) SC 282 : (2007) 6 SCALE 134 : (2007) 6 SCC 517 (SUPREME COURT OF INDIA) Moran M. Baselios marthoma Mathews II and OTHERS […]
KEYWORDS:- THIKA TENANCY DATE:-14-08-2007 AIR 2007 SC 2883 : (2007) 8 SCR 1013 : (2007) 12 SCC 175 : JT 2007 (10) SC 134 : (2007) 10 SCALE 20 (SUPREME COURT OF […]
KEYWORDS: Valuation-Assessment of property tax The person affected must have reasonable opportunity of being heard and the hearing must be a genuine hearing and not an empty public relations exercise. AIR 2007 […]
KEYWORDS:- Basic structures doctrine- Ninth schedule- Amending Constitution- DATE:- 11-01-2007 Whether on and after 24th April, 1973 when basic structures doctrine was propounded, it is permissible for the Parliament under Article 31B to […]
Keywords:-Adverse possession Scope of Section 100 CPC, more particularly in Gurudev Kaur and Others vs. Kaki and Others [(2007) 1 SCC 546] where it was held that even before the 1976 amendment […]
The Judicial Committee of the Privy Council – In their Decision on Facts the Committee did not expressly address the issue of whether Dr Schulze Allen’s infraction was a criminal conviction. But they must have decided that it was. For otherwise they would have had no power to direct the removal of his name from the register under section 16(1)(a) of the Act.
In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening circumstances.
The IPS (PAY) Rules, 2007 Revision of the pay scales of Indian Police Services 2008
A person aggrieved by the order of a Tribunal can challenge the findings by a writ petition before High Court: SC on Assam Citizenship Case
MAY 17, 2019.-Abdul Kuddus Vs. Union of India and Others – where the issue and question of nationality has already been determined under the 1964 Order, an appeal would not be maintainable under paragraph 8 of the Schedule to the 2003 Rules. The determination would be final and binding on the Registering Authority under the Schedule and the Local Registrar. Paragraph 8 does not envisage and provide for a second round of litigation before the same authority i.e. the Foreigners Tribunal constituted under the 1964 Order on and after preparation of the final list. Provisions of paragraph 8 of the Schedule to the 2003 Rules will apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal.
SYLLABUS OF WRITTEN EXAMINATION FOR THE POST OF HEADMASTERS /HEADMISTRESSES OF HIGH / HIGHER SECONDARY SCHOOLS – WEST BENGAL
Paper-I be of three parts:- Part-A of 15 marks consisting of Subjective/ Short Essay Type questions to be answered in English only, Part-B of 15 marks consisting of Subjective/ Short Essay Type […]
If property belongs to Government for acquisition of easementary right by prescription user of “30 years” is required.
It is settled principle of law that what has not been conferred in the plaint cannot be proved. Only right of easement by way of prescription has been pleaded, alleging that Plaintiff was using the land of Plot No. 164 for 20 years. It is pertinent to mention here that at the end of Section 15 of Indian Easement Act, 1882, which pertains to acquisition by prescription, it is specifically mentioned that if the property, over which a right is claimed, belongs to the Government, the word ’20 years’ shall be read as ’30 years’. As such, in respect of a Government land mere user for 20 years does not confer any easementary right by way of prescription to the Plaintiff, as he has nowhere pleaded that he used the land for 30 years or more.
School violence has been a persistent problem in the United States. For example, on January 29, 1979, a 16-year-old opened fire on Grover Cleveland Elementary School in San Diego, CA. She killed two adults […]
It is a settled principle of law that in order to prove that the possession of any person in any immovable property is legal, it is necessary for such person to prove prima facie that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner. Such is not the case here.
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
Samar Ghosh vs Jaya Ghosh
Published vide notification No. 2254-P, dated 8th May, 2007, published in the Kolkata Gazette, Extraordinary, Part 1, dated 8th May, 2007. In exercise of the power conferred by section 25 of the […]
SCHEDULED BANKS UNDER RBI ACT Ajodhia Bank, Fyzabad, Allahabad Bank. American Express Banking Corp. American Express International Banking Corporation. Andhra Bank, Masulipatam. Bank of America, National Association. Bank of Baroda Bank of […]
It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC
(2010) 96 AIC 241 : (2011) AIR(SC)Civil 53 : (2010) 6 ALLMR(SC) 949 : (2011) 2 AllWC 1592 : (2010) 83 ALR 709 : (2010) 3 ARC 632 : (2011) 2 ICC […]
Published vide G.S.R. 698(F), dated 8.11.2007, published in the Gazette of India, Pt. II, Section 3(ii), Sl. No. 490, dated 8.11.2007. In exercise of the powers conferred by section 20 of the […]
RBI guidelines for Prepaid Payment Instruments for Interoperability u/s 18 & 10(2) of the Payment and Settlement Systems Act, 2007
Prepaid Payment Instruments (PPIs) – Guidelines for Interoperability RBI/2018-19/61 DPSS.CO.PD.No.808/02.14.006/2018-19 October 16, 2018 All Prepaid Payment Instrument Issuers, System Providers and System Participants Madam / Dear Sir, Prepaid Payment Instruments (PPIs) – […]