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Supreme Court & High Courts Judgments
Criminal Procedure Code, 1973, S.164 -- Confession -- Police Presence During Recording -- A confessional statement recorded under S.164 CrPC in the presence of a police officer in the record..
Gauhati High Court
Bharatiya Nagarik Suraksha Sanhita, 2023, S.223(1) -- Pre-Cognizance Hearing -- Supply of Evidence -- The proviso to S.223(1) BNSS mandates that the accused be given an opportunity of hearin..
Madhya Pradesh High Court
Criminal Procedure Code, 1973, S.482 -- Quashing -- Quashing of FIR Does Not Amount to Acquittal -- Quashing of criminal proceedings under S.482 CrPC on the ground of omnibus and unspecific ..
Supreme Court
Indian Penal Code, 1860, S.498A -- Cruelty to Wife -- Unlawful Demand -- Explanation (b) to S.498A covers any unlawful demand by the husband or his family and is not limited to demands for d..
The obligation of a husband to maintain his wife and minor children under Section 125 CrPC is a legal and ethical duty that cannot be evaded on grounds of lack of regular income or contract-..
Delhi High Court
A complaint under Section 138 of the Negotiable Instruments Act filed by a power of attorney holder, without explicitly stating direct personal knowledge of the transactions, is a curable ir..
Kerala High Court
Under Section 127 CrPC, corresponding to Section 146 of the BNSS, a wife securing a government job constitutes a change in circumstances sufficient to modify or limit maintenance. The underl..
Allahabad High Court
Indian Penal Code, 1860, S.499 -- Defamation-- Impotency of Husband -- An allegation of impotency made by a wife against her husband in a complaint to the police, as part of a genuine matrim..
Under Section 138 of the Negotiable Instruments Act, 1881, the cheque must be drawn for discharge of a legally enforceable debt or liability. The statutory presumption under Section 139 is r..
Calcutta High Court
Preventive detention under the Jammu & Kashmir Public Safety Act, 1978 can only be ordered where the activity of a person is prejudicial to maintenance of public order, which is distinct fro..
Jammu & Kashmir and Ladakh High Court
Conviction for attempt to murder under Section 307 IPC requires proof of two essential elements: intention or knowledge to cause death, and an actual act toward committing murder. Gravity of..
The benefit under Section 6 of the Probation of Offenders Act, 1958 is available only if the accused is below 21 years of age on the date of conviction and sentencing, not on the date of com..
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