Maintenance for Wife – Allegations of Infidelity Without Proof – Section 125(4), Cr.P.C. – Maintenance Upheld – The husband alleged infidelity of the wife without providing any evidence – The Court held that a wife is justified in living separately when her chastity is questioned by her husband without proof – Such allegations amount to character assassination, ...
Anticipatory Bail – Public Servant Accused of Corruption – Petitioner, a Regional Transport Officer, was accused of illegal cancellation of registration certificates (R.C.) of vehicles and unauthorized concessions on taxes, causing a financial loss to the State – Held: The nature of evidence (mostly documentary) and the petitioner's position as a public servant do not necessi...
Criminal Writ - Arrest of Women – Section 46(4) of CrPC – Requirement of Prior Permission – Illegal Arrest Declared – Petitioner was arrested after sunset without prior judicial permission – Held: Arrest violated Section 46(4) of CrPC, which mandates written permission from a Magistrate to arrest a woman after sunset – Investigating agency failed to obtain prior...
Criminal Law – Quashing - Abetment of Suicide – Framing of Charges – Discharge of Accused - Mens Rea and Instigation Required – For an offence under Section 306 IPC, there must be evidence of direct or indirect acts of instigation, conspiracy, or intentional aiding by the accused to commit suicide – Held: Mere heated exchanges or demands for loan repayment do not cons...
Criminal Law - Prisoner Transfer – Administrative Discretion – Section 29 of the Prisoners Act, 1900 – Validity of Transfer – Rule 770(B) of the State Jail Manual – The Inspector General of Prisons transferred the respondent, a life convict and a known gangster, to another jail citing administrative grounds, including the threat of gang wars and insufficient vigilance...
Criminal Law – Bail Application – Prolonged Judicial Custody – Denial of Bail – Petitioner sought regular bail under Section 439 of Cr.P.C. in an FIR registered under Sections 302/120-B/34 IPC for the murder of two inmates inside a jail van – Petitioner has been in judicial custody for over nine years while only 32 out of 79 prosecution witnesses have been examined &n...
Maintenance to Children – Date of Maintenance – Uniformity in Awards – Section 20(1)(d), DV Act – Petition challenging the Sessions Court’s limitation of maintenance to minor children from the date of the order, instead of the date of the application. Held: Maintenance to be awarded from the date of the application to ensure financial sustenance of minors and adherenc...
Criminal Law – Quashing - Offence of Mischief under IPC – Section 430 read with Section 34 – Petitioners, as office bearers of an apartment owners’ welfare association, were accused of wrongfully disconnecting water supply to the defacto complainant's rental flat for non-payment of arrears. Held: The alleged disconnection of water supply, which was reconnected after arr...
Alimony - Interim Maintenance - Husband's Suppression of Income – Interim alimony of Rs.1 lakh per month claimed by the wife – The husband disclosed monthly income of Rs.11,85,730/- in earlier court affidavits but now claims income of Rs.3 lakh plus fluctuating bonus – Held: Suppression of income by the husband established; monthly alimony awarded – The court rejected t...
Criminal Law – Bail Application – Rejection – Petitioner charged under Sections 376(2)(n), 376(2)(f), 506 IPC read with Sections 66(E), 67, and 67-A of the IT Act – Allegations include sexual assault, blackmail using intimate photographs, and circulation of obscene material – Victim, a student of the accused, testified in support of the prosecution case – High C...