The Supreme Court held that not presenting a person taken into custody by the Enforcement Directorate (ED) for a crime under the Prevention of Money Laundering Act, 2002, within 24 hours is illegal. Subash Sharma, the respondent in the case, was taken into custody by the ED at 11:00 am on 5 March. However, he was […]
Arrest under PMLA cannot Violate Fundamental Rights Read More »
Issue relating to whether Family Court has jurisdiction to try application filed by a divorced Muslim woman for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 and whether Family Court can convert the petition for maintenance under S. 125 CrPC to one under S. 3 or S. 4 of the 1986
Mere passing of a decree for restitution of conjugal rights at the husband’s behest coupled with non-compliance with that decree by wife, held, would not by itself be sufficient to attract aforesaid disqualification under S. 125(4) CrPC, [Rina Kumari v. Dinesh Kumar Mahto, (2025) 3 SCC 33] Case comment Will a husband, who secures
There is no need to implead them in bail applications filed by foreign nationals. There is no propriety in issuing a direction that either Civil Authority or Registration Officer should be made a party to a bail application filed by a foreigner or a notice of bail application be issued to said authorities, [Frank Vitus
Mere harassment, by itself, not sufficient to establish abetment of suicide S. 306 r/w Ss. 107 and 114, [Jayedeepsinh Pravinsinh Chavda v. State of Gujarat, (2025) 2 SCC 116]… CaseComment The Bench of Justice Vikram Nath and Justice Prasanna B. Varale observed, “Selling of gold ornaments and the same was followed by discord and harassment
Abetment of suicide- Penal Code, 1860 Read More »
Principles re-clarified relating to determination of compensation in case of death of homemaker in a car accident, Recognizing the Unseen [Arvind Kumar Pandey v. Girish Pandey, (2025) 2 SCC 145] Case Comment: Held, Contribution of a House Wife/Homemaker are invaluable The role of a homemaker is as important as that of a family member
Determination of Compensation u/s 168 of Motor Vehicles Act, 1988 Read More »
The Supreme Court held that the intention to cause death was essential for conviction for murder under Section 302 of the Indian Penal Code, 1860. An elderly man was killed and his two grandchildren injured in a fatal assault during a dispute over a place of worship in Madhya Pradesh. The trial court convicted the three
Charge for Murder and Homicide-Indian Penal Code, 1860. Read More »
Conviction reversed due to non-holding of TI parade along with absence of motive and any connection with recovered articles, On facts, in a brutal murder of a teenager girl allegedly by the main accused and co-accused, conviction and sentence u/s. 302/34, ss. 449, 404 and 201 r/w 302 IPC – Appeal by the co-accused, wherein
Identity of appellant S. 302 r/w Ss. 34, 449, 404 and 201-Penal Code, 1860 Read More »
Effect of non obstante clause occurring in the 1986 Act: A divorced Muslim woman can maintain a petition under S. 125 CrPC, despite enactment of the 1986 Act. Non obstante clause occurring in Ss. 3 and 4 of the 1986 Act cannot be deemed to override the rights so provided by S. 125 CrPC. Equivalent
Admission of insolvency application on basis of partly admitted claim by debtor is not permissible when debtor willing to pay such admitted amount but disputes balance claim. Adjudication on existence of debt beyond admitted debt is necessary for admitting application. [Compack Enterprises India (P) Ltd. v. Jitendra Impex (P) Ltd., (2023) 8 SCC 742]
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