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Supreme Court & High Courts Judgments
As per the proviso to Section 413, the victim has the right to prefer 'an appeal' and not 'appeals', and this right cannot be extended to an order affirming an earlier acquittal...
Kerala High Court
Mere potential to earn is distinct from actual gainful employment, and it is misplaced for a husband to rely solely on his wife's qualifications to evade his legal obligation to maintain her..
Allahabad High Court
A time has come when society would introspect when girls are forced to marry by parents, and the decision of the girl is paramount with her consent required before any such decision is taken..
Orissa High Court
Since the accused was already married when he entered into the relationship, the alleged promise to marry prima facie amounted to 'deceitful means' under Section 69 BNS -- Criminal Proceedin..
In a Section 377 context, the marital rape concept is not recognized under current law because of the express marital exception in Section 375 IPC...
Madhya Pradesh High Court
Prosecution Must Prove Publication or Transmission of Obscene Material -- Without authentication of videos, audios or photos sent to the FSL expert for opinion, the report cannot form the ba..
Jammu & Kashmir and Ladakh High Court
If bail is granted, then the state must first seek cancellation of bail -- The law of preventive detention cannot be resorted to when ordinary criminal law provides sufficient means to addre..
Supreme Court
When an instrument of noble intent is misused as a tool for exacting revenge, the notion of justice itself teeters on the edge of inversion--SC urges Center to consider such clause to preven..
Civil adjudication and criminal prosecution proceed on different principles, and a civil court decree neither records findings on criminal intent nor on existence of offences such as forgery..
The fact that multiple cheques arise from one transaction will not merge them into a single cause of action, and disputed questions of fact cannot be decided under Section 482 CrPC...
The court cautioned against the inadvertent practice of applying minimum wages of the place were proceedings are being held ..
Delhi High Court
The test for bail of additionally summoned accused is more than prima facie case required for framing charges, but short of satisfaction that unrebutted evidence would lead to conviction...
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