8 July 2024


Search Results for Tag : Consent

International Cases

To extend the tender validity period, the consent of all the participants to the tender process is required(03.06.2022)

In March 2020, the Appellant, the City of Ekurhuleni Metropolitan Municipality (the Municipality), published an invitation to tender under reference P.....

Tags : Tender, Validity period, Consent

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Notifications & Circulars

Government seeks explanation from Facebook over reports of data sharing without explicit consent(07.06.2018)

Recently there are media reports claiming that Facebook has agreements which are allowing phone and other device manufacturers' access to its users' p.....

Tags : Reports, Data sharing, explicit consent

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Central Government decides to simplify the consent mechanism for Open Market Borrowings (OMBs) under Article 293(3) of Constitution of India for raising OMBs by the States(18.08.2016)

In the spirit of Co-operative federalism and in order to bring-in the transparency and predictability in the Open Market Borrowings (OMBs) by the Stat.....

Tags : Open Market Borrowings, Consent mechanism, Simplification

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Judgments

Mere breach of promise without mala fide intention cannot amount to deception(29.10.2018)

The Appellant has preferred present appeal against the judgment passed by the trial Court whereby the Appellant has been convicted for the offence und.....

Tags : Conviction, Consent, Legality

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Onus is on the husband to establish that there are sufficient grounds to show that he is unable to discharge his legal obligations for reasons beyond his control(20.06.2022)

By way of instant criminal revision petition filed under Section 397 of Code of Criminal Procedure, 1973 (CrPC), challenge has been laid to order pass.....

Tags : Divorce, Mutual consent, Maintenance

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Consent decree cannot be modified/ altered unless the mistake is a patent or obvious mistake(04.02.2022)

Present appeal is against impugned judgment passed by High Court, dismissing the application filed by the Appellant under Sections 152 and 153 read wi.....

Tags : Consent decree, Alteration, Mistake

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Attorney General's Consent is not necessary in Suo Motu Contempt Proceedings(14.08.2020)

A petition came to be filed in present Court by Mahek Maheshwari bringing to the notice of present Court, a tweet made by Mr. Prashant Bhushan, Advoca.....

Tags : Contempt Proceedings, Attorney general, Consent

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Considering right to life, foetus cannot be ordered to be aborted against wishes of victim girl(19.09.2016)

Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the 1st respondent to refer the dau.....

Tags : Abortion, Consent, Minor

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Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not Mandatory(12.09.2017)

Factual matrix giving rise to instant appeal is that marriage between the parties took place on 16th January, 1994. Two children were born in 1995 and.....

Tags : Divorce, Mutual consent, Statutory period, Waiver

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Freedom to exercise reproductive rights includes right to make choice regarding sterilization on basis of informed consent and free from any form of coercion(14.09.2016)

Instant public interest petition raised very important issues concerning entire range of conduct and management, under auspices of State Governments, .....

Tags : Sterilization, Consent, Reproductive rights

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Landlord flummoxed by distinction between compromise and consent order(02.06.2016)

A compromise reached between parties, leading to petition dismissed as withdrawn, cannot be enforced by the court under the aegis of a contempt petiti.....

Tags : rent control, compromise, consent order, undertaking

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News

Karnataka HC Sets Aside Condition Requiring Organ Donor to Obtain Consent from Her Estranged Father(16.07.2020)

Karnataka High Court has set aside a condition imposed on an organ donor by the State Level Authorisation Committee for Organ Transplant requiring her.....

Tags : Karnataka High Court, Consent of Organ Donor

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Kerala HC: Obtaining Consent for Marriage Without Revealing Cardiac Ailments is Fraud(13.10.2020)

Kerala High Court held in a matrimonial dispute, wherein the wife, without revealing her cardiac ailments, had obtained the consent of the husband for.....

Tags : Kerala High Court, Consent for Marriage

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Delhi HC: Mandatory Spousal Consent for Organ Donation Violates Wife's Right to Control her Own Body(01.06.2022)

Delhi High Court has held that insistence of spousal consent for organ donation would encroach upon the right of the wife to be in control of her own .....

Tags : Delhi High Court, Spousal Consent, Organ Donation

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Karnataka HC: Consent of Wife Immaterial for Offence of Bigamy(07.06.2022)

Karnataka High Court has held that bigamy under Section 494 of the Indian Penal Code is a continuing offence and the consent of wife for the subsequen.....

Tags : Karnataka High Court, Bigamy, Consent

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Allahabad HC: Frequent Visits to Parents House Without Husband’s Consent is Not Desertion(13.06.2022)

Allahabad High Court has held that the act of wife in visiting her parents’ house frequently without taking consent of her husband and other family me.....

Tags : Allahabad High Court, Desertion, Consent

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Bombay HC: Drunk Women Consent For Sexual Intercourse Not an Excuse to Commit Rape(20.02.2017)

Bombay High Court held that consent given by an intoxicated woman will not be considered valid or an ‘excuse to commit rape’ when judging a relevant c.....

Tags : Bombay High Court, intoxicated, consent, rape

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FAMILY - Adopt Liberal Approach while Dealing with Divorce Pleas Based on Mutual Consent: Kerala HC(05.03.2019)

Kerala High Court has observed that a liberal approach needs to be adopted while dealing with divorce applications based on mutual consent.

Tags : Kerala High Court, Divorce Pleas Based on Mutual Consent

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Allahabad HC: Consent of Wife Needed to Adopt Where Husband-Wife Living Separately Without Divorce(16.12.2020)

Allahabad High Court has held that a man, living separately from his wife without obtaining a divorce, needs the consent of such estranged wife to ado.....

Tags : Allahabad High Court, Consent to Adopt

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Kar. HC: Consent Cannot be Assumed Even if Woman is of Bad Character or Vulnerable(08.07.2022)

Karnataka High Court while setting aside anticipatory bail granted to a police constable accused of sexually assaulting a women over a period of three.....

Tags : Karnataka High Court, Anticipatory Bail, Consent

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HP HC: Minor's Consent Relevant for Deciding Bail Application of 'Rape' Accused(13.11.2020)

Himachal Pradesh High Court has granted bail to a man accused of 'raping' a minor girl on the ground that the girl had consented to the sexual interco.....

Tags : Himachal Pradesh High Court, Minor's Consent

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Delhi HC: Minor Girl Can Marry Without Parents' Consent on Attaining Puberty(23.08.2022)

Delhi High Court has held that as per Mohammedan Law, a minor girl who had attained the age of puberty can marry without consent of her parents and ha.....

Tags : Delhi High Court, Mohammedan Law, Puberty, Consent

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Guj. HC: Party Can Withdraw Consent for Reference To Arbitration Anytime Before Court Acts Upon it(22.07.2022)

Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of Civil Procedure Code anytime before.....

Tags : Gujarat High Court, Consent, Arbitration

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Himachal Pradesh HC: Girl Voluntarily Accompanying Known Person Doesn’t Mean Consents Sex(09.03.2017)

Himachal Pradesh High Court, while convicting nine persons accused of raping a girl, has observed that ‘a girl voluntarily accompanying a known person.....

Tags : Himachal Pradesh High Court, rape, consent

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Kar. HC to Law Commission: Rethink the age of Consent for Sex(07.11.2022)

Karnataka High Court while observing several cases relating to minor girls above age of 16 years having fallen in love and eloped and had sexual inter.....

Tags : Karnataka High Court, Age of Consent, Law Commission

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Kerala HC Allows Woman Separated from Husband to Terminate 21-Week Pregnancy(27.09.2022)

Kerala High Court while permitting a woman claiming to be separated from her allegedly abusive husband to terminate her 21-week-old pregnancy, has hel.....

Tags : Kerala High Court, Termination of Pregnancy, Husband’s Consent

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SC: Consent of Community not Necessary Once Two Adult Individuals Agree to Enter Into Wedlock(12.02.2021)

Supreme Court has observed that consent of the family or the community or the clan is not necessary once two adult individuals agree to enter into a w.....

Tags : SC, Consent

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Bombay HC: Family Court Must Examine Terms of Mutual Consent Divorce(09.01.2017)

Bombay High Court has cautioned Family Courts across Maharashtra to not grant decree of divorce on mere presentation of a joint application by spouses.....

Tags : Bombay High Court, Family Court, Divorce, Mutual Consent

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Bombay HC: Consent Obtained For Sex Without Disclosing First Marriage Constitutes Rape(28.07.2022)

Bombay High Court while refusing to discharge husband in a rape case filed by a Marathi actress, has held that consent obtained for sex in a second ma.....

Tags : Delhi High Court, Rape, Consent

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SC: Mere Use of Words ‘Arbitration’ or ‘Arbitrator’ in Clause Won't Make it Arbitration Agreement(04.08.2022)

Supreme Court has held that mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires o.....

Tags : Supreme Court, Arbitration, Clause, Consent of Parties

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SC: Consent Decree Recognizing Pre-Existing Rights Does Not Require Registration(24.02.2021)

Supreme Court held that a consent decree based on admission recognising pre existing rights under Family settlement does not require registration unde.....

Tags : Supreme Court, Consent Decree Recognizing Pre-Existing Rights

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SC: Single Bench Cannot Pass Decree for Dissolution of Marriage While Hearing Transfer Petition(12.03.2021)

Supreme Court has observed that its single bench while hearing a Transfer Petition cannot invoke power under Article 142 of the Constitution of India,.....

Tags : Supreme Court, Dissolution of Marriage by Mutual Consent

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Personal Inconvenience No Ground to Waive Cooling off Period for Mutual Consent Divorce: MP HC(15.04.2019)

Madhya Pradesh High Court has held that personal inconvenience of parties cannot be a ground to waive the period of 6 months, in case of mutual consen.....

Tags : Madhya Pradesh High Court, Mutual Consent Divorce

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Del. HC: Law Doesn’t Permit Husband to Take Wife's Household Articles Without Her Consent(04.01.2023)

Delhi High Court while denying pre-arrest bail to a man in a complaint lodged by his wife alleging that her household articles were stolen while she w.....

Tags : Delhi High Court, Husband, Wife, Consent

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Madras HC Directs Satellite Imaging of Taluks and Earmarking of Waterbodies(19.04.2021)

Chhattisgarh High Court has observed that existence of a serious dispute between a husband and wife is not a prerequisite for grant of divorce by mutu.....

Tags : Chhattisgarh High Court, Grant of Divorce by Mutual Consent

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Kerala HC Strikes Down 10A of Divorce Act, 1869(12.12.2022)

Kerala High Court has held that fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 for filing divorce.....

Tags : Kerala High Court, Divorce Act, Mutual Consent

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Mother can't Give Up Maintenance Rights of Daughter During Mutual Consent Divorce: SC(03.05.2019)

Supreme Court has observed that a mother cannot give up rights which vest in the daughter insofar as maintenance and other issues are concerned, durin.....

Tags : Supreme Court, Mutual Consent Divorce, Maintenance

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Del. HC: Consent to Stay in Man’s Company Not Basis to Infer Woman Consented to Sexual Liaison(15.03.2023)

Delhi High Court while observing that distinction needs to be articulated between “consenting to a situation vs. “consenting to sexual liaison”, has h.....

Tags : Delhi High Court, Consent, Sexual Liaison

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Bombay HC: Consent of Spouse Not Necessary for Organ Donation(28.04.2023)

Bombay High Court has observed that Transplantation of Human Organs and Tissues Act, 1994 makes no mandatory requirement for spousal consent for organ.....

Tags : Bombay High Court, Spousal Consent, Organ Donation

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Kar HC: Can’t Reject Plea for Divorce by Mutual Consent Only Because Couple Resides in Same Premises(14.06.2023)

Karnataka High Court has held that merely because estranged couple is residing in same premises, Court can’t reject their petition to seek divorce by .....

Tags : Karnataka High Court, Divorce, Mutual Consent, Premises

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MP HC to UOI: Consider Lowering the Age of Consent Back to 16(03.07.2023)

Madhya Pradesh High Court while observing that the Criminal Law (Amendment) Act, 2013 which increased the age of consent for sexual intercourse by a g.....

Tags : Madhya Pradesh High Court, Consent, Sexual Intercourse

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Del HC: POSH can be Invoked by Victim When Sexually Harassed By Man Working in Other Department(03.07.2023)

Delhi High Court while observing that any interpretation of the POSH Act which downplays the complete achievement and implementation of its objectives.....

Tags : Madhya Pradesh High Court, Consent, Sexual Intercourse

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Bombay HC: Age of Consent Must be Distinguished from Age of Marriage(14.07.2023)

Bombay High Court has held that age of consent necessarily has to be distinguished from the age of marriage as sexual acts do not happen only in the c.....

Tags : Bombay High Court, Consent, Marriage, Sexual Acts

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SC to Centre: Have Any Schemes Been Formulated for Rehabilitation of Manual Scavengers?(14.07.2023)

Bombay High Court has held that age of consent necessarily has to be distinguished from the age of marriage as sexual acts do not happen only in the c.....

Tags : Bombay High Court, Consent, Marriage, Sexual Acts

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Jh. HC: Married Woman Can’t Claim that Consent was Obtained on False Promise to Marry(18.09.2023)

Jharkhand High Court has held that a married woman cannot claim that her consent for entering into physical relationship outside marriage was obtained.....

Tags : Jharkhand High Court, Married Woman, Consent

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MP HC: S.375 Marital Sex Exemption Also Provides Exemption Under Section 377 of IPC(22.09.2023)

Madhya Pradesh High Court has held that Section 375 IPC includes all possible parts of penetration by penis and when due to marital sex exemption, the.....

Tags : Madhya Pradesh High Court, Marital Sex Exemption, Consent, Section 377

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Ker. HC: Not Granting Divorce Despite Mutual Consent Amounts to Cruelty(25.09.2023)

Kerala High Court while relying on the Apex Court’s decision in Samar Ghosh v. Jaya Ghosh (MANU/SC/1386/2007), observed that denial or withholding of .....

Tags : Kerala High Court, Divorce, Mutual Consent, Failed Marriage, Cruelty

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Allahabad High Court:Consent for Sexual Intercourse on Promise to Marry is Subject Matter of Evidence(01.10.2019)

Allahabad High Court has clarified that the Court does not have the jurisdiction to go into issues relating to appreciation of evidence under an appli.....

Tags : Allahabad High Court, Consent

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Kerala HC: Consent of Accused Not Necessary to Acquire Voice Sample(18.01.2022)

Kerala High Court has ruled that the consent of an accused is not necessary to acquire their voice sample for the purpose of comparison, since it has .....

Tags : Kerala High Court, Consent of Accused, Voice Sample

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P&H HC: Consent During Prior Sexual Acts Won’t Extend to Future Occasions(27.01.2022)

Punjab and Haryana High Court has observed that the consent given during prior sexual acts won't extend to future occasions, stressing that law acknow.....

Tags : Punjab and Haryana High Court, Consent During Prior Sexual Acts

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Bom. HC: Trial Court can Compound Offence u/s 138 NI Act at Initial Stage w/o Consent of Complainant(01.12.2023)

Bombay High Court has held that when the application for compounding offences u/s 138 of the NI Act is made at the initial stage of the case and if th.....

Tags : Bombay High Court, Compounding Offences, Negotiable Instruments, Consent

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MP HC: Narco Test Can’t be Conducted Without Recording of Consent Before Magistrate(07.11.2023)

Madhya Pradesh High Court has held that all three tests i.e. Narco, Polygraph and Brain Mapping test cannot be conducted of the person who has not giv.....

Tags : Madhya Pradesh High Court, Narco Test, Polygraph, Consent

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SC: Offence of Rape Made Out if Consent of Woman Based on False Promise of Marriage From Inception(01.02.2024)

Supreme Court has held that to sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the ince.....

Tags : Supreme Court, False Promise of Marriage, Consent of Woman

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Kerala HC: Substantial Distinction Between Consent and Submission to Sexual Intercourse(19.11.2021)

Kerala High Court has held that there is a substantial distinction between consent and submission to sexual intercourse. The Court has observed that m.....

Tags : Kerala High Court, Distinction Between Consent and Submission to Sexual Intercourse

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Punjab and Haryana High Court Rules Absence of Injury on Prosecutrix Implies her Consent for Sex(22.10.2019)

Punjab and Haryana High Court has declined to grant leave to appeal against the judgment of acquittal in a rape case while stating that absence of inj.....

Tags : Punjab and Haryana High Court, Consent, Sex

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SC: Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree(20.09.2021)

Supreme Court has observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13.....

Tags : Supreme Court, Mutual Consent Divorce Decree

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Del. HC: Unilateral Withdrawal from Divorce by Mutual Consent Amounts to Cruelty(28.12.2023)

Delhi High Court has held that unilateral withdrawal from divorce by mutual consent amounts to cruelty if such conduct is not based on justifiable gro.....

Tags : Delhi High Court, Unilateral Withdrawal, Mutual Consent, Divorce

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MP HC: Condition of Living in Separation for One Year Can't be Waived(31.03.2022)

Madhya Pradesh High Court has held that one year period of living separately is a must for filing of an application for divorce by mutual consent unde.....

Tags : Madhya Pradesh High Court, mutual consent, divorce, Section 13B(1) of the Hindu Marriage Act

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Bombay HC: Girl Sharing Friendly Relationship Can’t be inferred as Consent for Physical Relationship(28.06.2022)

Bombay High Court has held that merely because a girl is friendly with a boy, doesn't allow him to take her for granted and construe it as consent to .....

Tags : Bombay High Court, Friendly Relationship, Consent

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SC: People Unaware that Age of Consent for Sexual Intercourse has been Raised from 16 to 18 Years(09.07.2024)

Supreme Court while dismissing the Madhya Pradesh government’s appeal against the acquittal of the accused under the POCSO Act, has observed that awar.....

Tags : Supreme Court, POCSO Act, Age of Consent

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