Matrimonial Law - Maintenance – Refusal to Live with Husband – Sufficient Cause Established – Maintenance Upheld – Wife refused to live with her husband due to allegations of infidelity made by him, which were unsupported by any proof – Court held that such accusations constitute sufficient cause for the wife to live separately under Section 125(4) Cr.P.C. – Hel...
Criminal Law – Quashing of FIR – Petition filed under Section 482 Cr.P.C. to quash FIR alleging offence under Section 498A read with Section 34 IPC – Allegations in FIR and complaint disclose commission of cognizable offence – High Court emphasizes principles from State of Haryana v. Bhajan Lal and other decisions on exercise of inherent powers under Section 482 Cr.P.C. &nd...
Criminal Law – Quashing - Fraudulent Land Transfers – Allegations of Sale of Government-Vested Land – Allegations of illegal transfer of government-vested land using fabricated powers of attorney – Petitioners include councilors, intermediaries, and witnesses – Held: Prima facie evidence of fraud, forgery, and conspiracy; investigation into large-scale transfer of gov...
Criminal Law – Quashing of Proceedings – Limitation and Unauthorized Construction – Petitioners sought quashing of the criminal complaint for unauthorized construction under Sections 31-32 of the JDA Act. They argued that the construction was over 25 years old and barred by limitation, the notice was improperly served, and the inclusion of petitioners No. 1 and 3 was arbitrary as...
Criminal Writ - Habeas Corpus – Custody of Minor – Applicability of Section 6 of the Hindu Minority and Guardianship Act, 1956 – The petitioner, a biological father, filed a habeas corpus petition alleging illegal custody of his minor son (aged 9 years) with the maternal grandparents (respondents) – Held: The petitioner, being the natural guardian under Section 6 of the Hin...
Criminal Law – Quashing of FIR – Appellant petitioners sought quashing of FIR under Sections 420, 406, 467, 468, 471, and 120-B of IPC – FIR was registered post the enactment of Bhartiya Nyaya Sanhita (BNS) 2023 – Dispute between family members regarding the alleged forgery of a will and manipulation of property records – Petitioners argued that with the repeal of the...
Criminal Law – NDPS Act – Compliance with Section 50 – Acquittal Upheld – The prosecution’s appeal questioned the acquittal on grounds that the Special Court gave undue importance to minor discrepancies and failed to appreciate substantial compliance with the NDPS Act – The High Court observed that the Investigating Officer improperly offered himself as an optio...
Criminal Law – Quashing of FIR – Business Dispute – The petitioner sought quashing of the FIR on the grounds that the dispute was of a civil nature arising out of a long-standing business relationship with the complainant. The petitioner contended that the complainant was attempting to use the criminal justice system to settle a commercial dispute, which involved transactions of ...
Maintenance under Section 125 Cr.P.C. – Decree of Restitution – Applicability of Section 125(4) Cr.P.C. – Whether a wife, despite not complying with a decree for restitution of conjugal rights secured by the husband, is entitled to maintenance – Held: Non-compliance with such a decree does not automatically disentitle the wife from claiming maintenance – It must be as...
Criminal Law – Conviction for Culpable Homicide Not Amounting to Murder – The appellant was convicted for the offence under Section 304 Part II IPC by the trial court, which sentenced him to seven years of rigorous imprisonment and a fine. The High Court examined inconsistencies in medical evidence and unexplained gaps in the victim’s treatment timeline, raising doubts about the ...