Constitutional Law – Compensation for False Criminal Case – Petitioner’s daughter raped and murdered – Petitioner wrongfully arrested and prosecuted for rape and murder of his own daughter – Acquitted by Criminal Court – CBI investigation revealed improper investigation by police – Malice inferred from circumstances and official interference – Held, ...
Civil Procedure – Appellate Court’s Powers – Will and Inheritance – Decedent executed a Will dated 20.05.1999, registered on 10.06.1999, bequeathing property to his wife, son, and grandson – His wife and daughter challenged the Will, claiming they did not receive any share – During litigation, wife passed away and purportedly left another Will dated 05.09.2005 i...
Hindu Marriage Act – Nullity of Marriage – Fraud – Appellant's marriage with respondent declared nullity by trial court under Section 12 of the Act – Appellant's previous marriage with Satish Kumar allegedly not dissolved by a court decree, only by Panchayatnama (agreement) – Held, Panchayatnama not valid proof of divorce – Respondent not aware of non-di...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...
Criminal Law – Honour Killing – Formation of SIT – Petitioner married inter-caste and his wife was abducted and later killed – Complaint named eleven suspects, but no action taken initially – Police later registered a case and charged five individuals – Petitioner sought investigation by a senior officer of SSP rank – Held, inter-caste marriages must be su...
Criminal Revision Petition – Dismissal – Domestic Violence Act, 2005 - Marriage and Dowry Allegations – Respondent's claim of marriage in 2006 and dowry payment of Rs. 5 lakh. Assertion of domestic violence and harassment by the petitioner and his family, leading to the filing of a DV Act petition and a criminal case under Section 498A of IPC and the Dowry Prohibition Act. [P...
Quashing of FIR and Criminal Proceedings – Petition filed under Section 482 of Cr.P.C. for quashing FIR lodged at Crime No.999 of 2018 under Sections 498A, 323, 506, 34, 325, and 313 of IPC after mutual divorce settlement – Involves matrimonial dispute between petitioners and respondent no. 2, leading to various legal proceedings and eventual mutual divorce [Paras 2, 4-5].
Matrimoni...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 19 read with Section 21 – Override of restrictions imposed under Section 198(1) read with Section 198(3) of the Code of Criminal Procedure, 1973 (Cr.P.C) – Declaration by the court – Court declares that Section 19 read with Section 21 of the POCSO Act shall override the restrictions imposed by Secti...