Divorce on Grounds of Cruelty – Denial of Education – Section 13(1)(ia) of the Hindu Marriage Act – Wife alleged that she was subjected to mental and physical cruelty, including coercion to discontinue her education and demand for dowry – Husband denied allegations and contended that he supported her studies – Trial court ruled in favor of husband, holding that cruelt...
Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Power of the Court – Petitioners sought quashing of the criminal case against them, arguing that the FIR was lodged with malicious intent due to a long-standing enmity – Supreme Court precedent holds that quashing under Section 482 CrPC is permissible only in cases of manifest abuse of process – Cour...
Criminal Law - Default Bail – Stringent Conditions – Violation of Fundamental Rights – Petitioner was granted default bail under Section 167(2) CrPC due to the prosecution’s failure to file a charge sheet within 60 days – However, bail conditions included an excessive surety bond of ₹1.10 crore and a bank guarantee of ₹55 lakh – Petitioner challenged these c...
Criminal Revision - Obstruction of Public Servant – Whether Conviction Under Section 186 IPC Sustainable – The petitioners were convicted for obstructing a traffic constable while he was clearing a traffic jam—Held: Prosecution failed to prove that the complainant was discharging official duties at the time—Absence of duty roster and police records weakens the case—Co...
Bail – Criminal Jurisprudence – Circumstantial Evidence – Petitioner seeks bail in a case involving circumstantial evidence with no direct evidence linking him to the crime, except a witness of last seen – Court notes that the petitioner has already spent over one year and three months in custody – Petitioner has no prior criminal history, and the only evidence is the...
Bail - NDPS – Charge Sheet Without FSL Report – Bail Granted - The petitioner was arrested for possession of 300 grams of MDMA and remained in custody for nearly a year – The prosecution filed a charge sheet without an accompanying Forensic Science Laboratory (FSL) report – The Court held that in cases under the NDPS Act, a chemical analysis report is an integral part of th...
Rape on False Promise of Marriage – Whether Conviction Sustainable – The appellant was convicted for rape based on an alleged false promise of marriage—Trial Court found that the prosecutrix consented to sexual relations believing in the appellant’s promise—Held: Consent obtained under a misconception of fact due to a false promise of marriage is not valid under Secti...
Maintenance – Right of Wife Despite Decree for Restitution of Conjugal Rights – Husband contended that wife voluntarily deserted him, making her ineligible for maintenance—Held: Mere passing of a decree for restitution of conjugal rights does not disentitle wife from maintenance unless husband proves willful desertion—Maintenance order upheld [Paras 6-9].
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Criminal Law – Rape of Minor Daughter – Conviction Under IPC and POCSO Act – Appellant convicted for raping his 9-year-old daughter – Trial Court sentenced him to life imprisonment under Sections 376(2)(f) and 376(2)(i) IPC and Sections 3/4 of POCSO Act – High Court modified the sentence to life imprisonment for the remainder of his natural life – Supreme Court ...
Criminal Law – Bail Granted for Examination Fraud – State’s Appeal Against Bail – Respondents accused of engaging in a recruitment examination fraud by arranging a dummy candidate – Trial Court denied bail, citing serious disruption to the public examination system – Rajasthan High Court granted bail on grounds of lack of criminal antecedents, absence of appoint...