Conviction under Section 363 IPC requires proof that the minor was taken away from the custody of a "lawful guardian." Where the person claiming guardianship has no established legal or fact..

Section 15(2) of the POCSO Act does not require identification or physical presence of a child victim to prosecute offences involving Child Sexual Abuse Material (CSAM). The definition of "c..

Proceedings under Sections 164 and 165 of the Bharatiya Nagrik Suraksha Sanhita cannot be invoked to dispossess a party in actual possession of property. Such summary attachment proceedings ..

Under Section 125 CrPC, a minor daughter who files or is included in a maintenance application during minority cannot be denied maintenance solely on the ground that she attained majority du..

Under Section 141 of the Negotiable Instruments Act, liability of a partner of a firm for dishonour of a cheque is joint and several, not vicarious. Unlike a company director, a partner's li..

A plea of alibi is a matter of defence that must be established during trial through formal proof; it cannot be adjudicated at the stage of summoning an additional accused under Section 319 ..

Under Section 294(b) IPC, obscenity requires satisfaction of the "prurient interest" test — the words used must appeal to prurient interests or tend to deprave and corrupt the audience. Vu..

Under Section 27 of the General Clauses Act, 1897, a statutory presumption of service arises when a notice under Section 138 of the Negotiable Instruments Act is properly addressed, prepaid,..

Under Section 138 of the Negotiable Instruments Act, the reason for dishonour of a cheque — whether for insufficiency of funds or freezing of account — is a disputed question of fact tha..

Under Section 125 of the Code of Criminal Procedure, maintenance cannot be granted without considering the professional competence and earning potential of the wife-claimant. The object of S..

Under Section 144 BNSS, maintenance proceedings are summary in nature and contain no provision for impleadment analogous to Order I Rule 10 of the Code of Civil Procedure. The applicant, as ..

Under the Protection of Women from Domestic Violence Act, 2005, the scope of challenge to an ex parte interim maintenance order is confined to demonstrating absence of service or sufficient ..