Maintenance – Enhancement under Section 127 CrPC – Permanent Alimony under HMA – Overlapping Jurisdiction – Petitioner-husband challenged enhancement of monthly maintenance to ₹30,000 under Section 127 CrPC despite decree of ₹20,000 permanent alimony under Section 25 of Hindu Marriage Act – Magistrate enhanced maintenance based solely on affidavit and ev...
Matrimonial Law - Domestic Violence Act – Maintenance and Alternative Accommodation – Quantum Justified – Petitioner/husband challenged concurrent orders granting ₹2,500 per month as maintenance and ₹500 as rent for alternate accommodation to the wife under Sections 18 and 19 of the Domestic Violence Act – Trial Court found wife to be unemployed and dependent – Ma...
Criminal Law – Rape – POCSO – Acquittal – Accused stepfather convicted under Section 376(2)(f) IPC and Section 6 POCSO for alleged repeated rape of 17-year-old stepdaughter over 4 years – FIR lodged by son of accused – Defence argued marriage with victim’s mother took place only in 2021, making 4-year timeframe implausible – Defence evidence and expl...
Criminal Law – Murder – Conspiracy – Acquittal – Accused convicted by Trial Court for murder based on motive, last seen theory, and recovery of incriminating material – High Court reversed conviction citing lack of reliable evidence, failure to prove motive, and inadmissibility of call detail records – Supreme Court upheld acquittal – Held: No reliable, co...
Criminal Law – Sections 406 & 420 IPC – Failure to perform contract – Civil breach dressed up as criminal case – FIR after 8 years held mala fide – Quashed under Bhajan Lal.
Criminal Law – Cheating and Criminal Breach of Trust – Quashment – Dispute arose out of a sale agreement executed in 2013 for property transfer – Complainant paid â‚...
Capsule – Section 498A IPC/Dowry Act – Omnibus allegations – Bhajan Lal applied – FIR vague, lacking specifics – Criminal proceedings quashed against brother-in-law – Parties free to pursue other remedies.
Section 498A IPC/Dowry Act – Quashing – Omnibus allegations – Allegations in FIR against brother-in-law vague and lacking time, place, or...
Section 482 Cr.P.C. – Quashing – Bhajan Lal applied – Civil loan/cheque dispute dressed up as cheating/forgery – Multiple retaliatory FIRs – Proceedings quashed – Parties relegated to civil remedies.
Section 482 Cr.P.C. – Quashing – Bhajan Lal principles – Civil dispute given criminal colour – Proceedings Quashed – Allegations pe...
Bail – Fraudulent Availment of Input Tax Credit under CGST Act – Compliance with BNSS – Bail Order Set Aside – Accused allegedly availed fraudulent ITC of ₹8.27 Cr and ₹8.26 Cr respectively – Petitioner challenged bail granted by CJM, Kamrup (M), Guwahati, based on omission of Section 47 and 48 headings in Arrest Memo and Notice to Relatives – Held: Arrestin...
Criminal Law – Misappropriation by Public Servants – Quashment – Petitioners, employees of BEVCO, were prosecuted for misappropriating foreign liquor stock worth ₹27,92,523 during 01.04.2018 to 30.07.2018 – Contended that remittance of the loss amount in accordance with BEVCO’s circular dated 20.12.2017 absolved them of criminal liability – Held: Circular subs...
Criminal Law – Dismissal for Default – Acquittal – Petitioner filed complaint under Sections 500, 195, 120B IPC against a developer alleging defamation and conspiracy – Complaint was dismissed for default on 22.07.2024 after petitioner failed to appear due to confusion in reading the next date as 07.08.2024 instead of 07.03.2024 from cause list – Application for resto...