Maintenance – Section 488 CrPC – Mutual Consent Separation – Bar under Section 488(5) – Parties married in 1990 separated by compromise dated 28.08.1995 upon receipt of ₹10,000/- as full and final settlement – Wife withdrew earlier maintenance and bigamy proceedings – Subsequently filed fresh maintenance petition in 2008 without disclosing earlier proceedings ...
Preventive Detention – Detenu already in Judicial Custody – Requirement of satisfaction regarding likelihood of release on bail – Detention order passed against petitioner involved in multiple NDPS cases while he was already in judicial custody and had not even applied for bail – Co-accused’s bail application had already been rejected – Detention order failed to...
Family Law – Maintenance – Enhancement – Section 127 CrPC – Revision – Partial Modification – Original maintenance of Rs. 6,500/- per month granted vide order dated 05.07.2019 under Section 125 CrPC — respondents filed enhancement application under Section 127 CrPC — Family Court enhanced total maintenance to Rs. 14,000/- per month (wife: Rs. 4,500/-...
Negotiable Instruments Act – Dishonour of Cheque – Appeal against Acquittal – Trial court acquitted the accused holding that the complainant failed to prove the transaction and financial capacity – Evidence of Power of Attorney holder rejected on the ground that his name was not included in the preliminary witness schedule – Held: Such omission in witness schedule is ...
Criminal Law – Transfer of Investigation – Allegations of custodial assault against ED officers – FIR lodged by accused in money laundering case – Petitioners sought quashing of FIR or transfer of investigation to CBI – Court found that informant was accused in siphoning of ₹23 crores public funds and ED was investigating several high-profile cases involving senior ...
Negotiable Instruments Act – Section 138 – Revision against refusal to examine Handwriting Expert – Accused sought permission to examine handwriting and fingerprint expert to compare complainant’s signatures on Power of Attorney with signatures on Notary Register – Trial court rejected application noting that accused had already availed 15 opportunities to conclude de...
Criminal Law – Quashing of FIR – Section 482 CrPC – Allegations of Forced Religious Conversion – Petitioner, Principal of a school, sought quashing of FIR alleging she pressured the complainant teacher to convert from Hinduism to Christianity and terminated her services upon refusal – Petitioner contended FIR was malicious and motivated by service dispute after termin...
Criminal Writ - Child Custody – Habeas Corpus – Petition filed by father seeking direction to produce minor child and return him to Canada – Child presently residing in Delhi with mother – Held: Custody with biological mother cannot ordinarily be termed illegal detention so as to justify issuance of writ of habeas corpus – Petition not maintainable in such circumstanc...
Criminal Law – Sections 332 and 333 IPC – Hurt to Public Servant to Deter from Duty – Conductor of UPSRTC bus convicted for assaulting traffic inspectors during inspection – Allegation that accused punched Traffic Inspector causing loss of two teeth and assaulted other inspectors – Held: Prosecution failed to establish essential ingredient that the inspectors were law...
Criminal Law – Murder – Unlawful Assembly – Conviction under Sections 302/149 IPC – Deceased shot dead after being chased by group of armed persons – Trial Court convicted accused and High Court affirmed conviction – Supreme Court held that evidence established that accused persons arrived together armed with firearms and chased the deceased before firing upon h...