Showing 10466 articles
Delay in Deciding Maintenance Case Flagged as Court Emphasises S. 125 CrPC’s Object to Ameliorate Woman’s Agony and Financial Suffering: Jharkhand High Court
The Jharkhand High Court has reaffirmed that proceedings under Section 125 of the Code of Criminal Procedure, 1973 are summary in nature and are meant to prevent vagrancy and destitution. While emphasizing that a wife is legally entitled to maintenance allowing her to live with dignity and a standard of living similar…
Arrest Is an Exception, Not the Rule, for Offences Punishable up to 7 Years; S. 35(3) BNSS Notice Mandatory: Supreme Court
The Supreme Court of India has authoritatively held that service of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is mandatory in cases where a person is accused of committing an offence punishable with imprisonment up to seven years. The ruling makes it clear that arrest in such cases…
Unproven Allegations of Adultery Cannot Be Ground to Deny Interim Maintenance under Domestic Violence Act: Delhi High Court
The Delhi High Court examined whether mere allegations of adultery, without supporting proof, can be a valid ground to deny interim maintenance to a पत्नी under the Protection of Women from Domestic Violence Act, 2005. The matter arose from a challenge filed by the husband against concurrent orders of the Magistrate…
Declaration of Roshni Act as Unconstitutional Does Not Nullify Cases under Prevention of Corruption Act: Jammu & Kashmir and Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has held that criminal prosecutions linked to alleged irregularities under the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001, popularly known as the Roshni Act, can lawfully continue even though the Act has been declared unconstitutional and…
Commentary on Physical Appearance of Accused and Limits on Coercive Process in Cheque Dishonour Cases under Negotiable Instruments Act, 1881: Delhi High Court
The Delhi High Court has granted interim protection to Rajeev Gupta, an accused in multiple cheque bounce cases, by restraining coercive action against him after he undertook to appear physically before the Trial Court. The order was passed by Justice Manoj Jain while disposing of a petition filed under Section 482…
DNA Test of Child in Divorce Petition Alleging Adultery by Wife Upheld: Madhya Pradesh High Court
The High Court of Madhya Pradesh at Jabalpur has dismissed a petition filed by a wife challenging an order of the Family Court directing a DNA test of her child. The Family Court had allowed the husband’s application under Section 112 of the Indian Evidence Act, in a divorce petition filed on the ground of adultery.…
Bail Granted to Former Congress Councillor Anwar Kadri in Alleged Forced Conversion Case: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench, has granted bail to Anwar Kadri, who was in judicial custody since August 2025 in a case involving allegations of facilitating the conversion of a prosecutrix to Islam. The Court held that the material on record did not sufficiently justify continued incarceration and that…
Supply of Police Papers to Accused Is ‘Epitome of Fair Trial’; Charges Framed Without S. 230 BNSS Compliance Quashed: Allahabad High Court
The Allahabad High Court has strongly reiterated that supplying copies of the police report and relied-upon documents to an accused is not a procedural formality but the very epitome of a fair trial. Holding that non-compliance with this mandatory requirement vitiates the trial, the Court quashed charges framed…
Refusal to Quash Alleged ₹85 Lakh Bitcoin Fraud Case; Police Permitted to Continue Further Investigation: Calcutta High Court
The Calcutta High Court has refused to quash criminal proceedings in a cyber fraud case involving alleged inducement to invest in bitcoin trading, holding that an order permitting further investigation after submission of a final report does not suffer from any illegality. The Court also ruled that criminal…
₹1 Lakh Costs Imposed for Frivolous Execution-Stage Challenge to Arbitral Award: Delhi High Court
The Delhi High Court has imposed ₹1 lakh as costs on a judgment debtor for repeatedly raising frivolous objections at the execution stage of an arbitral award that had already attained finality up to the Supreme Court of India. The Court held that such conduct amounted to a clear abuse of process and was barred by the…
