Cruelty – Wife publishing notice in newspaper making baseless allegations that her husband was womaniser and drunkard – It is cruelty. Hindu Marriage Act, 1955, Section 13(1)(ia) – Mental cruelty – Law enunciated…
Tag: Supreme Court
Quashing of FIR at Preliminary Stage: A Judicial Perspective
The quashing of First Information Reports (FIRs) at the preliminary stage of investigation is a delicate legal matter that requires careful consideration. The Supreme Court of India has provided valuable…
Quashing of FIR registered under section 376 IPC
SUPREME COURT OF INDIABefore:-A.M. Khanwilkar and Dinesh Maheshwari, JJ.Criminal Appeal Nos.394-395 of 2021 (Arising out of SLP(Crl.) Nos.3175-76 of 2021)(Diary No.11723 of 2020). D/d. 12.4.2021.Ananda D.V. – AppellantsVersusState & Anr.…
Quashing of Matters which are purely Civil Nature and mostly are related to land or money are given the color of criminality, only for the purpose of exerting extra judicial pressure on the party concerned which is nothing but abuse of process of the court- Such matters are liable to be quashed.
In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, Supreme Court held: “102. In the backdrop of the interpretation of the various relevant provisions of the Code…
Bail under Economic offence-once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule
The parameters to be considered while deciding the prayer for bail are well laid down by Apex Court in the case of ‘State through CBI v. Amaramani Tripathi, reported as…
Territorial jurisdiction – Cheque dishonoured by Chandigarh Bank – Complainant residing at Delhi – Notice demanding payment issued to accused from Delhi – Chandigarh court will have the jurisdiction and not Delhi Court.
In the case of Harman Electronics (P) Ltd. v. National Panasonic India Ltd., the Supreme Court of India examined the issue of territorial jurisdiction regarding a dishonored check. Here’s a…
The Maintainability of Section 216 CRPC Applications: A Legal Perspective
Hon'ble Supreme Court of India, have shed light on the maintainability of applications filed under Section 216 CRPC.
Law on Further Investigation-173(8) Cr.P.C.- after acceptance of Final report by Magistrate. Supreme Court
Further Investigation- 173(8) Cr.P.C.- Mandate of Law. State through Central Bureau of Investigation v. Hemendhra Reddy (SC) : Law Finder Doc Id # 2209496SUPREME COURT OF INDIABefore:- Surya Kant and…
Case Laws-Permission to go abroad during pendency of criminal case.
Case Laws on Permission to go abroad: To travel abroad is a fundamental right. 1. SUPREME COURT OF INDIA Before:- M.B. Shah and Y.K. Sabharwal, JJ. Petn.(s) for Special Leave…
Auction Agricultural Land-Auction of secured property – Once secured property is put as security by way of mortgage etc. same cannot be treated as agricultural land and such properties cannot be said to be exempted from provisions of SARFAESI Act.
SUPREME COURT OF INDIA Before:-M.R. Shah and M.M. Sundresh, JJ. Civil Appeal Nos. 7402 of 2022(@ SLP (Civil) No. 14695 of 2020). D/d. 5.1.2023. K. Sreedhar – Appellants Versus M/s Raus Constructions Pvt. Ltd. &…
Landmark Judgment “Arnesh Kumar Vs State of Bihar” 498A IPC and Dowry- Supreme Court on Anticipatory Bail
Arnesh Kumar Vs State of Bihar, Landmark Judgement on Anticipatory Bail by Supreme Court
2022 Latest Law on 319 CrPC: Supreme Court guidelines.
“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…
Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India
Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.