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‘No Coercive Steps’ Means Protection From Arrest, Not a Bar on Investigation: Karnataka High Court
The Karnataka High Court has issued an important clarification regarding the meaning of an order that directs "no coercive steps" against a person. The court clarified that such an order only provides protection from arrest, but does not prevent the Enforcement Directorate (ED) from continuing its investigation or…
Co-Owner Can Gift Undivided Share Without Consent of Other Co-Owner; Granddaughter Declared Entitled to Half Share: Supreme Court
The Supreme Court of India has delivered a landmark judgment clarifying that a co-owner holding an undivided share in a property has the legal right to gift that share without requiring the consent of the other co-owners. This decision provides important legal clarity on the rights of co-owners and the nature of…
High Courts Cannot Conduct ‘Mini-Trial’ While Deciding FIR Quashing Pleas; Karnataka Cases Restored: Supreme Court
The Supreme Court of India has clarified that High Courts do not have the authority to conduct a “mini-trial” or assess evidence when deciding petitions to quash FIRs under the Criminal Procedure Code. This landmark judgment emphasizes that courts must restrict their inquiry to the question of whether the FIR…
Police Should Investigate Crimes, Not Marriages; No Business Being 'Nosy Parkers': Allahabad High Court
The Allahabad High Court has delivered a landmark judgment by quashing an FIR filed by a father against his daughter's husband. The court emphasized that two adults marrying by their own free will is not a crime and police have no authority to interfere in such personal choices. This ruling highlights the importance…
'1.45 Lakh Cases Pending Without Closure Report Despite Completed Investigation': DGP Asked to Respond: Chhattisgarh High Court
The Chhattisgarh High Court has issued a significant order concerning the backlog of cases where investigations have been completed, but the closure reports have not yet been filed in the courts. This order comes as part of ongoing efforts to improve the judicial process and reduce delays in delivering justice. Case…
Woman Cannot Claim Maintenance Without Proving Marriage or Live-in Relationship: Allahabad High Court
The Allahabad High Court has dismissed a woman’s claim for maintenance after it was found that she failed to prove either a legally recognized marriage or a live-in relationship with the respondent. The court’s decision clarifies that without establishing these essential elements, a woman cannot claim maintenance…
'Taxing Justice at Ad-Valorem Rates Is Harsh': Uttar Pradesh Government Urged to Ease the Burden of Civil Litigation: Allahabad High Court
The Allahabad High Court has observed that charging ad valorem court fee in civil cases places a significant burden on litigants and has urged the Uttar Pradesh Government to consider reducing this hardship. At the same time, the Court clarified that disputes relating to ownership and possession of property can only…
Husband Seeking Divorce Over Wife's Accidental Hip Injury Is 'Inhumane' and Against Constitutional Values: Madras High Court
The Madras High Court recently delivered a significant judgment emphasizing that seeking divorce solely on the ground of a spouse’s physical disability or injury is contrary to constitutional values of dignity, equality, and compassion. The Court held that a person who sustains accidental injuries cannot be deemed…
Order VII Rule 7 CPC | Court May Grant Lesser Relief, But Not a Completely Different Claim; Supreme Court Declines to Allow Partition in Title Suit: Supreme Court
The Supreme Court has recently clarified the scope of Order VII Rule 7 of the Civil Procedure Code (CPC), emphasizing that while the Court has the authority to grant a lesser or alternative relief based on the facts pleaded and proved, it cannot grant a relief that involves a completely different cause of action. This…
Criminal Proceedings Against Family Member of Sole Proprietorship Under Section 138 of the Negotiable Instruments Act Quashed: Calcutta High Court
The Calcutta High Court has recently passed a significant judgment in a criminal revision case, emphasizing that criminal proceedings against a family member of a sole proprietorship based on cheque bounce allegations cannot be sustained under Section 138 of the Negotiable Instruments Act, 1881. The court clarified…