Obscenity and Privacy – Watching obscene content in private time – Whether it amounts to an offence under Section 292 IPC – Court's role in determining the same – The accused was charged with watching obscene videos in his mobile phone in public – No allegation of distribution or exhibition – Section 292 IPC requires evidence of sale, distribution, or public...
Question of Law – The Court re-framed the issue as to whether the ITAT was justified in finding the assessment under Section 153A of the Income Tax Act, 1961, bad, when no assessment proceedings were pending at the time of initiation under Section 153A. [Para 2]
Factual Background – The original assessment of the respondent for the year 2002-03 was completed under Section ...
Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. – Application to quash charge sheet, cognizance order, and entire proceedings under IPC and SC/ST Act – Applicants argued delay in FIR filing and lack of proper investigation – Court held prima facie case exists based on charge sheet and cognizance order – No grounds for quashing established &nda...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].
Authority’s Justification – Detaining authority’s order emphasized ongoi...
Petition Under Articles 14, 21, 226, 227 of Constitution and Section 482 of CrPC – Petitioner seeking quashment of FIR and charge-sheet against him in a case where his minor son was allegedly involved in a fatal traffic accident [Para 2.0].
Case Background – The petitioner’s minor son accused of rash driving leading to a fatal accident – Petitioner charged as he was the ...
Quashing of FIR and Charge-sheet – Criminal Misc. Application under Section 482 of the Cr.P.C. – Applicant seeks to quash cognizance order and charge sheet for offenses under Sections 376, 313 IPC and Sections 3, 4 POCSO Act – Compromise entered between applicant and victim subsequent to lodging of FIR and summoning by trial court – Applicant contends for quashing based on ...
Criminal Procedure – Delay Condonation – Delay of 275 days in filing criminal revision justified by affidavit and consented by parties – Delay condonation application allowed – [Para 3].
Family Law – Bigamy – No evidence of valid solemnization of second marriage according to Hindu rites, particularly the ‘Saptapadi’, essential for a valid Hindu ma...
Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. –High Court declined to quash the proceedings against the petitioner accused of offenses under IPC and Tamil Nadu Prohibition of Harassment of Women Act, 2002. [Para 1, 6]
Allegations of Illegal Relationship and Assault – Involvement of Petitioner – The petitioner was accused of being in a...
Constitutional Law – Equality Before Law – Petition challenging the ten-year limit for considering sports achievements for government job eligibility under the sports quota – Petitioner’s earlier sports achievements excluded by the impugned Government Order – High Court finds the ten-year restriction arbitrary, lacking rational basis, and violative of Article 14 of th...
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Eviction of son from property – Applicability of Section 4(3) – Obligation of children to maintain parents – Need-based maintenance – Quashing of eviction order.
Facts [Para 20-22]: The petitioner and his wife were living with the petitioner’s parents. Allegations were made that the petitioner...