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Supreme Court & High Courts Judgments
Prolonged incarceration without commencement of trial amounts to punishment and violates the right to speedy trial under Article 21 of the Constitution. Delay in trial is a significant facto..
Supreme Court
An order framing charge does not constitute a judgment, sentence, or final order. It is an interlocutory order that merely advances trial without conclusively determining rights of parties. ..
Himachal Pradesh High Court
The mere fact that a wife is earning, or is highly qualified, is not a valid ground to deny maintenance. The duty of a husband to maintain his wife is a social and legal obligation, and the ..
Gujarat High Court
Non-communication of grounds of arrest at the time of apprehension is a violation of Article 22(1) of the Constitution and Section 47 of the BNSS. Once an arrestee raises this grievance, the..
Delhi High Court
A solitary monetary transaction between a co-accused and an accused, without supporting evidence of complicity, cannot establish involvement in an offence under the NDPS Act, 1985. The strin..
Kerala High Court
Compounding of an offence under Section 138 of the Negotiable Instruments Act, 1881 is permissible at any stage of proceedings, including after finalisation of conviction by the High Court. ..
Bombay High Court
Prosecution for bigamy under Section 494 IPC requires proof of a valid second marriage contracted during the subsistence of the first marriage. Mere cohabitation or a live-in relationship do..
Karnataka High Court
Vague and omnibus allegations against relatives of a husband, unsupported by corroborating material, cannot sustain criminal prosecution in matrimonial disputes. Mere mention of names in an ..
Testimony of a child victim, when credible and corroborated by medical evidence, cannot be discarded on the basis of minor inconsistencies or perceived improbabilities in the prosecution tim..
Part-payments made prior to issuance of cheques do not invalidate the legally enforceable debt represented by those cheques under Section 138 of the Negotiable Instruments Act. Once the sign..
Vicarious liability of a director under Section 141 of the Negotiable Instruments Act requires specific averments in the complaint establishing that the accused was in charge of and responsi..
Calcutta High Court
Under Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a victim or dependent shall receive mandatory notice and opportunity of hearing before any c..
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