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...
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...
Criminal Law - Seizure of Vehicles – Supardari - Jurisdiction of District Collector – Validity Upheld – Petitioners challenged the orders of District Collector Banswara releasing vehicles seized under the Rajasthan Bovine Animal Act and Prevention of Cruelty to Animals Act, contending lack of jurisdiction and necessity of approaching Magistrate – Held: District Collector is...
Criminal Law – Revision Against Charge - Criminal Conspiracy and Corruption in Educational Appointments – Sections 7, 13(2) r/w 13(1)(d) P.C. Act, and Sections 120B, 477A, 471, 417, 420, 201 IPC – Charges Upheld – The petitioner, President of Dakshin Bharat Hindi Prachar Sabha, challenged the trial court’s order rejecting discharge and framing charges under P.C. Act a...
Criminal Revision – Discharge - Criminal Conspiracy – Forgery of Land Records – Discharge Rejected – Prima Facie Offence Established – Accused Nos.1 and 9 alleged to have encroached 3.77 acres of government land using a forged patta and false sale deed – The land in question was wrongly shown as private property through impersonation and fabricated documents &nd...
Criminal Law - Murder – Conviction Based Solely on Circumstantial Evidence – Standards of Proof – Supreme Court Orders Acquittal – Appeal against concurrent conviction under Section 302 IPC for alleged drowning of minor children by their mother – The Court found that the prosecution’s case rested solely on the testimony of a single witness (PW-2), whose evidence...