Criminal Law - Extradition Proceedings in Matrimonial Dispute – Non-appearance in Quasi-Criminal Proceedings – Section 26 of the Domestic Violence Act – Extradition Order Set Aside – The appellant’s passport was impounded due to multiple cases filed by the respondent – The Trial Court ordered the initiation of extradition proceedings against him due to his failu...
Maintenance under Section 125 CrPC – Second Wife’s Entitlement – Relief Granted – The appellant-wife was denied maintenance by the High Court on the ground that her first marriage was not legally dissolved, rendering her second marriage void – The Supreme Court held that maintenance laws must be interpreted with a focus on social justice and preventing destitution &nd...
Criminal Law - Appeals against the conviction - Sections 498-A and 306 IPC -Cruelty and Harassment – Demand for Dowry – No Specific Evidence – Acquittal – The prosecution alleged that the deceased was harassed and beaten by her husband and mother-in-law for bringing insufficient dowry – Witnesses made general and vague allegations without specific instances of c...
Murder – Common Intention – Section 149 IPC – Conviction Upheld – The appellants were part of an unlawful assembly armed with deadly weapons—The deceased was attacked with swords, gandasis, and datars, sustaining fatal injuries—The High Court held that the attack was premeditated and all accused shared a common intention—Held: Conviction of Ajit Singh, Bal...
Criminal Writ - Preventive Detention – Detention of Person Already in Custody – Validity of Detention Order – Petitioner challenged the preventive detention order under the PITNDPS Act, arguing that he was already in judicial custody and there was no compelling necessity for preventive detention – The Court held that detention orders can be issued even for persons in custod...
Criminal Law – Protection of Public Servants – Sanction under Section 197 CrPC – Proceedings Partially Quashed - Petitioners were police officers accused of misconduct during their official duty at a public event – A private complaint was filed against them after they registered an FIR against the complainant’s husband – Trial court took cognizance of multiple o...
Dishonour of Cheque – Scope of Section 138 of the Negotiable Instruments Act – Conviction Upheld – Sentence Remanded – The petitioner issued a cheque for Rs. 19,00,000 in favour of the respondent, which was dishonoured with the remark "Account Closed" – Legal notice was served, but payment was not made – The Trial Court convicted the petitioner under S...
Criminal Law - Murder Trial – Appeal against conviction under Section 302 IPC - Circumstantial Evidence – Guilt Not Proved Beyond Reasonable Doubt – Acquittal Ordered – The appellant was convicted for the murder of his wife based on a dying declaration recorded by the Magistrate – The prosecution alleged that the appellant poured kerosene oil on the deceased and set h...
Maintenance – Enhancement Beyond Claimed Amount – Judicial Discretion Permissible - The respondent-wife, aged 63, sought an increase in maintenance due to financial hardship—The Family Court enhanced maintenance from ₹1,500 to ₹10,000 per month despite the wife's claim being ₹7,000—Held: While courts generally cannot award more than claimed, judicial discretion al...
Quashing of FIR – Deliberate and malicious acts intended to outrage religious feelings – Section 299 BNS – FIR Not Quashed – The petitioner, a political spokesperson, was accused of tearing pages of the holy book "Manusmriti" during a live television debate – The petitioner contended that the act was neither intentional nor malicious and relied on precedent ...