Posts

a case involving a long-term consensual relationship quashing criminal proceedings for rape and unnatural sex: Must Read

-
The Court clarified the legal distinction between a "false promise of marriage" and a "breach of promise," emphasizing that prolonged physical intimacy often indicates consensual cohabitation rather than deception . Case Background The appellant and the complainant met through a matrimonial site in 2017 . At the time, both parties were still legally married to their respective spouses . The complainant alleged that the appellant lured her with a promise of marriage, leading to sexual intercourse against her will in October 2017 . However, she did not file a complaint until February 2021 . Key Findings of the Court The Supreme Court allowed the appeal and quashed the proceedings based on the following observations: Knowledge and Consent: Both parties were aware of each other’s existing marriages . The complainant even created a matrimonial profile and entered the relationship before her divorce was finalized in 2018 . Prolonged Relationship: The parties travele...
Post a Comment
Read more

Legal Analysis: Liability of Legal Heirs in Medical Negligence : Kumud Lall v. Suresh Chandra Roy (Dead) through LRs (2026 INSC 443)

-
   Liability of Legal Heirs in Medical Negligence Introduction In a significant judgment delivered on May 4, 2026 , the Supreme Court of India clarified the survival of "right to sue" in cases of medical negligence . The Court addressed whether legal heirs of a deceased doctor can be held liable for alleged professional negligence occurring during the doctor’s lifetime . Key Legal Issues The primary controversy revolved around the common law maxim "actio personalis moritur cum persona" (a personal action dies with the person) . The Court examined: Whether the "right to sue" survives if a doctor dies during the pendency of consumer proceedings . The interplay between the Consumer Protection Act , Order XXII of the CPC , and Section 306 of the Indian Succession Act, 1925 . The Ruling: Survival of Claims The Supreme Court held that the death of a doctor does not automatically extinguish all liabilities . The Court established a distinction between pe...
Post a Comment
Read more

Article 226 of the Constitution should not be used to bypass statutory remedies for registering an FIR, such as approaching a Magistrate under the BNSS : Analysis of Judgment: Sujal Vishwas Attavar & Anr. vs. The State of Maharashtra & Ors. (2026)

-
Summary The Supreme Court set aside a Bombay High Court order that directed the police to record a statement and initiate "necessary action" (leading to an FIR) . The Court emphasized that Article 226 of the Constitution should not be used to bypass statutory remedies for registering an FIR, such as approaching a Magistrate under the Bharatiya Nagarik Suraksha Sanhita (BNSS) . 1. Case Background and Convoluted Facts The dispute originated from a property in Trimbakeshwar, Nashik, developed by E&G Global Estates Ltd. (the Complainant Company) . Commercial Disputes: The parties were embroiled in complex litigation involving lease deeds, sub-leases, and Corporate Insolvency Resolution Processes (CIRP) . The Criminal Allegation: The Complainant Company alleged that the appellants used forged documents and impersonation to apply for property measurements in April 2025 to regularize unauthorized constructions . Procedural History: The Land Records Authority declined...
Post a Comment
Read more