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Supreme Court & High Courts Judgments
Section 155(2) CrPC bars police from investigating a non-cognizable offence without a Magistrate's order but does not specify who must move the application for such an order. The provision's..
Allahabad High Court
Under Section 2(f) of the Domestic Violence Act, 2005, a "domestic relationship" includes relationships in the nature of marriage. Legal proof of a ceremonial marriage is not mandatory; evid..
Bombay High Court
Under Section 125 CrPC, maintenance is not limited to preventing destitution but ensures a wife lives with dignity consistent with the husband's status. Mere employment or income of the wife..
Under Section 482(1) BNSS, 2023, anticipatory bail can only be sought by a person who has reason to believe he may be arrested. Once a person has already been arrested, the pre-arrest bail p..
Kerala High Court
A Magistrate's obligation to apply judicial mind to police reports is continual and does not cease upon taking cognizance on a primary charge sheet. Under Section 173(8) CrPC, every suppleme..
Co-accused acquittal does not ipso facto entitle an absconding accused to anticipatory bail on grounds of parity. Trial court findings recorded during a co-accused's trial are wholly irrelev..
Supreme Court
Under Section 27A of the NDPS Act, the statutory ingredients of financing illicit traffic and harbouring offenders are distinct from mere involvement in sale or transportation of contraband ..
Jammu & Kashmir and Ladakh High Court
Under Section 19 of the Domestic Violence Act, 2005, a residence order does not confer an indefeasible right to insist upon a specific property where suitable alternate accommodation of equi..
Delhi High Court
Suppression, concealment, or selective disclosure of material facts in a bail application amounts to abuse of process and vitiates the order at its root. Where a High Court ignores official ..
Whether a complainant in a Section 138 NI Act prosecution qualifies as a "victim" under the proviso to Section 372 CrPC, entitling appeal against acquittal without special leave under Sectio..
Under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, a 'relationship in the nature of marriage' requires, inter alia, that both parties be legally qualified to ent..
Section 362 CrPC, which prohibits alteration or review of final judgments, does not bar cancellation of anticipatory bail granted on the strength of a court-recorded compromise subsequently ..
Punjab & Haryana High Court
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