Consensual Sex with a Married Woman Does Not Constitute Rape Under False Promise of Marriage

Posted inCrimes Against Women
The High Court of Kerala in its judgement in the case XXX v State of Kerala and Another (2022 (1) KLD 780) said that a married woman, who clearly knows that the person who had sex with him cannot legally marry her when her marriage with another person subsists, cannot accuse the person on the charge of rape for giving false promise to marry.

Common Areas in Flat Complexes Cannot be Sold under Real Estate (Regulation and Development) Act

Posted inUncategorized
In the landmark case of Nahalchand Laloochand v. Panchali Co-op Housing Society [2010 INSC 563], the Supreme Court ruled that open or stilt parking spaces are "common areas" intended for the use of all residents. Consequently, these spaces cannot be sold as independent units. In practice, these areas must be handed over to the housing society and shared among the apartment owners.

A Registered Will Is Presumed to Be Genuine

Posted inWill & Related Matters
The Supreme Court, in Metapalli Lasum Bai v. Metapalli Muthaih [2025 INSC 879], reaffirmed that a Will, if registered, carries a presumption of genuineness. The burden to prove otherwise lies on the party challenging the Will, who must demonstrate that it was not executed properly or that suspicious circumstances cast doubt on its validity. The Supreme Court stated categorically that the Will in this case is a registered document and thus there is a presumption regarding genuineness thereof and as the Will is a registered document, the burden would lie on the party who disputed its existence thereof. 

Transit Anticipatory Bail Can Be Granted in Genuine Cases, Despite Having No Provision

Posted inBail & Related matters
In Priya Indoria v. State of Karnataka and Ors [2023 0 INSC 1008], the Supreme Court held that Courts have the power to grant Transit Anticipatory Bail for an FIR registered outside their territorial jurisdiction. Nevertheless, the Hon’ble Supreme Court warned the Courts to exercise the authority to grant Transit Anticipatory Bail judiciously and only in exceptional situations.