Misuse of Maintenance Tribunal – Petitioner Sanjivani alleges misuse of Maintenance Tribunal by husband and his parents to evict her from the matrimonial home, infringing her rights under the Domestic Violence Act - [Para 1]
Matrimonial Discord – Ongoing matrimonial disputes, with complaints lodged by both parties, including a complaint under the Domestic Violence Act filed by Sanji...
Custodial death – Allegation of police brutality – Petition filed seeking CBI investigation and compensation for custodial death of deceased – Deceased taken into custody by police and later found dead with multiple injuries – Inquiry report by CJM confirmed custodial death – CID exonerated accused police officials – Violation of fundamental rights and liberty o...
Criminal Law – Delay in Delivery of Judgment – Long delay in delivering judgment causes unnecessary speculation among parties – Emphasized need for timely pronouncement to uphold confidence in the judicial system [Paras 6.1, 6.2].
Criminal Procedure – Section 482 CrPC – Mini Trial – High Court exceeded jurisdiction by virtually conducting a mini tri...
Constitutional Law – Article 72 – Extradition and Sovereign Assurance – Appellant convicted in the 1993 Bombay Blasts Case – Completing 25 years of sentence – Central Government bound to advise the President of India for release under Article 72 in accordance with international commitment and principles of comity of courts – Courts in India must impose sentence ...
Criminal Law – Conspiracy and Terrorist Activities – Appellants convicted for conspiracy to commit terrorist acts, possession of arms and explosives, and association with banned organization Lasker-e-Toiba – Convictions upheld under Sections 120B, 121, 121A, 122, 124A, 153A, and 153B of IPC; Sections 5 and 6 of the Explosive Substances Act; and Sections 25 and 26 of the Arms Act ...
CRIMINAL PROCEDURE CODE, 1973 - Section 439 – Regular Bail – Second bail application – Petitioner seeking regular bail in relation to FIR No. 312 dated 27th July 2016, registered under various sections of the Indian Penal Code, 1860 – Earlier bail application dismissed as withdrawn – Petitioner claiming parity with co-accused who was granted regular bail – Court...
Testimony of the victim recorded during trial found to be unbelievable/improbable - lack of credibility - manifest illegality - conviction cannot be based solely on uncorroborated testimony - appellant accused of extending threat and committing sexual intercourse without consent. (Para 29)
Small piece of testimony regarding threat and sexual intercourse without consent cannot be relie...
Cheque Dishonour - Inquiry Prior to Issuance of Process – Discrepancy in judicial opinions regarding whether the amendment in Section 202, sub clause (1) of the Code of Criminal Procedure is mandatory or directory – Larger Bench constituted for resolution – Reference to earlier divergent views of Justices V.M. Kanade and S.C. Dharmadhikari – The amendment concerns inquiry b...
Constitutional Law – Double Jeopardy – Accused having undergone trial and acquitted of offences under Sections 504 and 506 IPC cannot be subjected to another trial for the same charges on the same facts – Re-trial would violate Article 20(2) of the Constitution and Section 300 CrPC [Para 24.2].
Criminal Procedure – Territorial Jurisdiction – Offence...
Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...