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Supreme Court & High Courts Judgments
Loan repayments leading to acquisition of assets partake the character of capital investment and cannot be equated with necessary or unavoidable expenditure for the purpose of determining ma..
Supreme Court
A decree of divorce granted on the ground of desertion does not, by itself, bar a divorced wife from claiming post-divorce maintenance under Section 125 CrPC or Section 144 BNSS. The definit..
Orissa High Court
Under Section 69 of the Bharatiya Nyaya Sanhita, an accused cannot escape liability for false promise of marriage by claiming that his existing relationship with another woman was merely a l..
Delhi High Court
A husband cannot evade maintenance obligation by suppressing financial information. Where an able-bodied husband withholds material details about income and assets, the court is entitled to ..
A withdrawal slip drawn on a cooperative society engaged in banking activities falls within the definition of "cheque" under Section 6 of the Negotiable Instruments Act. A cooperative societ..
Kerala High Court
An insurance company cannot be exonerated from liability to pay compensation in motor accident claims merely because the injured person was a gratuitous passenger on a goods vehicle. The ins..
A husband cannot be absolved of his obligation to maintain his minor child merely because the wife is earning. Where the mother has custody, her contribution of time, effort, and emotional s..
Bombay High Court
A woman in an extra-marital relationship with a husband does not qualify as a "relative" under Section 498-A of the Indian Penal Code. The term "relative" connotes a status conferred by bloo..
Jammu & Kashmir and Ladakh High Court
Failure to produce an arrested person before a Magistrate within 24 hours of arrest violates Article 22(2) of the Constitution. Such illegality in detention cannot be cured by a subsequent r..
Telangana High Court
When presence of witnesses summoned under Section 311 CrPC cannot be secured despite all efforts, including service of bailable and arrest warrants, the trial court is justified in closing s..
Rajasthan High Court
High Courts, while exercising inherent jurisdiction under Section 482 of the Code of Criminal Procedure, cannot travel beyond the allegations in the complaint and material placed by the comp..
In anticipatory bail proceedings, the temporal sequence of events and the conduct of parties preceding the registration of an FIR are relevant considerations. Where a criminal complaint appe..
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