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Supreme Court & High Courts Judgments
Where no right of appeal exists in law, no corresponding enforceable right to seek a certified copy for the purpose of challenge can be claimed, particularly when disclosure may infringe the..
Delhi High Court
LOCs are intended to prevent accused persons from evading criminal process and cannot be issued for recovery of maintenance dues, and continuing an LOC despite a court order violates Article..
Karnataka High Court
Where caste-based abuses are allegedly hurled over the telephone and not in public view, the provisions of the SC/ST (Prevention of Atrocities) Act would not be prima facie attracted...
Calcutta High Court
The statutory protection of prior sanction for prosecution under the Prevention of Corruption law is available only so long as a public servant remains in service...
Jammu & Kashmir and Ladakh High Court
Section 138 of the Negotiable Instruments Act applies only when payment fails due to lack of funds, not when payments are stopped by operation of law during insolvency proceedings...
Exception 2 cannot be invoked where there is no act of self-defence against an unarmed deceased, and Exception 4 requires a genuine physical confrontation with mutual exchange of blows, not ..
Supreme Court
Permitting a woman to live in penury while her application for interim maintenance is decided cannot be the intent of the law...
Allahabad High Court
Allegations lacked specific instances of cruelty or dowry demands and even if taken at face value, did not prima facie disclose commission of alleged offences...
Allegations of dowry demand and cruelty were conspicuously absent in previous legal proceedings and were introduced only after the husband's remarriage...
Where a director is an admitted signatory to dishonoured cheques and the genuineness of his resignation is disputed, proceedings cannot be interdicted at the threshold...
Once a lawful compromise is recorded, the trial Magistrate is duty-bound to dispose of the complaint in terms of that compromise and cannot continue to monitor or enforce the settlement...
Mere procedural lapses in sampling under Section 52-A of the NDPS Act do not vitiate the prosecution unless they compromise the integrity of the seized contraband...
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