Showing 1938 articles
No Inflexible Rule That Alibi Can Be Proved Only During Trial; S. 498A IPC Case Against BSF Personnel Quashed: Supreme Court
The Supreme Court has delivered an important judgment on the use of documentary evidence to establish an accused person’s alibi before the criminal trial begins. A Bench comprising Justice Sanjay Karol and Justice Augustine George Masih held that an accused is not always required to wait until trial to prove an alibi…
PMLA Proceedings Cannot Be Erased Merely Because Predicate Offence Was Quashed on the Basis of Compromise: Delhi High Court
The Delhi High Court has held that a prosecution under the Prevention of Money Laundering Act, 2002 (PMLA) can continue even when the underlying or predicate offence has been quashed on the basis of a compromise between the parties. The Court made it clear that a settlement between the complainant and the accused does…
Supreme Court and High Court Judges Asked to Share PAN Details Amid Dispute Over Tax on Allowances: Delhi High Court
The Delhi High Court has directed Supreme Court and High Court judges covered by its earlier order to provide their Permanent Account Number (PAN) and other tax-return details to the Income Tax Department. The direction was issued while the Court is examining whether specified allowances received by judges remain…
FIR Against Liquor Bottling Unit Quashed Over Failure to Affix Holograms; ₹1 Lakh Penalty Imposed Under Excise Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has declared that the failure to affix holograms on liquor bottles does not amount to a criminal offence under Sections 39(1) and 39(2) of the Himachal Pradesh Excise Act, 2011. The Court clarified that such an omission falls under Section 43 of the Act, which deals with penalties that…
Leave to Defend Does Not Bar a Later Finding of Bona Fide Need for Eviction: Delhi High Court
The Delhi High Court has recently upheld an eviction order against a tenant, emphasizing that an order granting leave to defend in a rent case does not constitute a final determination on the issue of the landlord’s bona fide requirement. The case, titled Anil Kumar versus Smt. Pushpa Devi (Deceased) through Legal…
Res Judicata Applies Where Different Trustees Litigate Under the Same Title Over an Identical Property Dispute: Gujarat High Court
The Gujarat High Court has clarified that the principle of res judicata prevents different trustees, who are litigating under the same representative title, from reopening a property dispute that has already been conclusively decided by a competent court. This judgment emphasizes the importance of finality in court…
Conviction Reversed and Fresh Conviction Ordered Under Section 138 of the Negotiable Instruments Act in Cheque Bounce Case: Supreme Court
The Supreme Court has delivered a landmark judgment clarifying that a cheque, even if dishonored due to "payment stopped by drawer," does not automatically mean the accused committed an offence under Section 138 of the Negotiable Instruments Act. The Court held that the validity of a registered sale deed is not…
Lawyer Who Threatened Rival Litigant in Court Toilet Gets Off with Warning, Not Suspension: Supreme Court
The Supreme Court has recently passed a significant order regarding a lawyer involved in a misconduct case dating back to 2005. The Court has replaced a one-year suspension imposed by the Bar Council of India with a warning. This case involved serious allegations of assault and threats made by the lawyer inside a…
Wife Not Entitled to Maintenance After Voluntary Separation Without Sufficient Cause; Family Court Order Upheld: Gujarat High Court
The Gujarat High Court has recently upheld the decision of the Family Court at Bhavnagar, which refused to grant maintenance to a woman who claimed she was entitled to support under Section 125 of the Code of Criminal Procedure (CrPC). The High Court confirmed that the Family Court’s findings were correct and that…
498A Case Against Husband Quashed After 'Dead' Wife Turns Up Alive in Mumbai: Patna High Court
The Patna High Court has delivered a landmark judgment by quashing criminal proceedings against a man accused of dowry harassment under Section 498A of the Indian Penal Code. This decision was taken after it was revealed that the wife, who was believed to have died by her family’s claim, was actually alive and…
