Anticipatory Bail – Complaint Case – Issuance of Summons – Section 482 BNSS – Application Not Maintainable – The applicant sought anticipatory bail in a complaint case alleging a non-bailable offence on the ground that summons had been issued against him – The Court examined the scope of Section 482 BNSS (corresponding to Section 438 Cr.P.C.), the meaning of &ld...
Maintenance Claim – Second Marriage with Deceased Husband’s Brother – Section 125 Cr.P.C. – Dismissal Set Aside – Revision Allowed – Trial court dismissed maintenance claim of widow and her two minor children on ground that her marriage with deceased husband’s brother (respondent) was not proved – Departmental inquiry in police service found responde...
Criminal Law – Appeal Against Conviction – Sections 307, 225, 186, 332, 353 & 120B IPC – Appeal Dismissed – Undertrial escorted by PW.1 & PW.2 was shifted, at appellant (Assistant Superintendent, Central Jail) instance, into a private Qualis with unknown men; near village stop on appellant’s pretext, chilli powder thrown and knife/kirpan used; attempt to free ...
Criminal Proceedings – Quashing of FIR – Section 482 CrPC – FIR registered for offences under Sections 120B, 406, 420, 447, 468, 471, 506 read with 34 IPC – Allegations related to a property dispute where complainant claimed to be owner and accused allegedly trespassed and attempted to alienate property – Petitioner argued dispute purely civil in nature and continuati...
Criminal Law - Section 482 Cr.P.C. – Quashing of Summoning Order in prosecution under FSS Act – Dismissed – Petitioners, including Gujarat Cooperative Milk Marketing Federation Ltd., its nominees, Banaskantha District Co-op. Milk Producers’ Union Ltd., and CP Wholesale India Pvt. Ltd., sought quashing of summoning order dated 18.01.2021 in complaint for alleged sale of unsa...
Criminal Law - Quashing of Proceedings – Section 498A IPC – Petition Dismissed – Petitioner sought quashing of GR Case No. 1569 of 2023 arising from complaint by wife alleging physical and mental cruelty—FIR contained no dowry demand but alleged assault and neglect—Court held that FIR is not required to detail every incident; absence of wife’s presence in procee...
Family Law - Maintenance under Senior Citizens Act – Definition of "Relative" – Legal Heir Requirement – Liability Set Aside - The appellant, wife of the deceased nephew of the senior citizen, came into possession of property through a gift deed executed in 1992 in favour of her late husband – The senior citizen, being childless, claimed maintenance from the appel...
Criminal Law - Murder – Benefit of Doubt – Appeal Allowed – Acquittal - Appellant convicted with husband under Section 302 IPC for beating victim with sticks following land dispute—Supreme Court noted contradictions between medical evidence and prosecution’s timeline, unexplained injuries on victim’s parents, admitted family enmity over partition, an...
Matrimonial Law - Section 2(s), Section 17, and Section 19 of the DV Act - Shared Household – Definition under Section 2(s) DV Act – Under-Construction Flat Not Covered – The petitioner sought orders under Section 19(d) and (e) of the DV Act for payment of pending installments towards a jointly booked flat claiming it as “shared household” – Held: Shared househo...
Civil Writ - Public Appointment – Managing Director – Section 20 of Warehousing Corporations Act – Interim Appointment Quashed – State Government appointed retired police officer as Managing Director without effective consultation with Board of Directors – Held: Appointment violative of Section 20(1)(c) which mandates consultation with Board before such appointment &n...