(A) Charge-sheet submitted by investigating agency which did not have, or, had lost the jurisdiction to conduct the investigation. (B) Even if the investigating agency in question, had jurisdiction or retained its jurisdiction, charge-sheet submitted before court which had no jurisdiction in respect of the offence(s) concerned. Thus, default bail claimed on ground that as […]
Held, having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct. In that view of the matter, while maintaining the conviction and sentence imposed on the appellants, It is further directed that if the appellants
Desertion means intentional abandonment of one spouse by other without consent of other and without a reasonable cause. There should be animus deserendi on part of deserting spouse. Whether a case of desertion is established or not will depend on peculiar facts of each case. It is a matter of drawing an inference based on
Reduction in capacity to pay of the person liable to pay the maintenance is relevant factor while determining maintenance. A final decision shall be taken by the family court concerned as expeditiously as possible, preferably within six months from the date of communication of this order. [Uma Priyadarshini S. v. Suchith K. Nair, (2022) 5 SCC 659]
In this case, death of deceased was due to burning in her matrimonial home. Case was based on circumstantial evidence and involvement of husband and mother-in-law (both appellant-accused herein) of deceased was alleged. Conviction of appellants under Ss. 302/34 and 201 IPC was upheld by High Court. The doctor who performed the post mortem opined
Penal Code, 1860 — Ss. 302/34 and 201 Read More »
For determination of culpability of each accused there is necessity of parsing evidence carefully in respect of each accused. High court has unnecessarily given weightage to some minor contradictions, which are not material contradictions that can affect the case of prosecution as a whole. The presence of injured witness ought not to have been doubted
Penal Code, 1860 — Ss. 302 and 148 — Large number of accused involved Read More »
Modification of consent judgment/decree is not permissible when not vitiated by fraud, misrepresentation or a patent or obvious mistake. Application seeking modification of consent judgment/decree filed under S. 152 must be dismissed, even on considering such application as one under proviso to Or. 23 R. 3 r/w S. 151, when it did not meet the
Civil Procedure Code, 1908 — Or. 23 R. 3 — Modification of consent judgment/decree Read More »
In this case, transfer petition by wife from one State to another where she was residing with her parents was allowed. Husband had not appeared in spite of notice and had not contested transfer petition. Respondent husband was held entitled to seek modification/recall of transfer order within a period of three months if it is
Civil Procedure Code, 1908 — S. 25 Read More »
Delay in informing theft to insurer i.e. alleged violation of a condition of insurance contract in this regard is insufficient to deny claim of insured when FIR regarding theft lodged and also accused arrested and charge-sheeted i.e. when the claim is otherwise genuine and not disputed to be genuine by insurer. Held, insurer could not
Insurance — General Insurance — Theft, Burglary and Property Loss Insurance Read More »
While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to defend is to be granted only in exceptional cases or only in cases where defence would appear to be a meritorious one. On the issue
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