A husband who obtains divorce on the ground of wife's mental illness cannot subsequently evade maintenance liability under Section 127 CrPC by contending she is capable of earning. Such mutu..

Article 21 encompasses the right to personal development and autonomy. A mother cannot be compelled to choose between custody of her child and pursuit of higher education abroad. While welfa..

A Family Court cannot proceed ex-parte against a defendant on a date fixed for reconciliation or interlocutory proceedings under Section 20(7) of the Legal Services Authorities Act, 1987. Su..

Filing of withdrawal application under Order XXIII Rule 1 CPC does not result in automatic dismissal of suit. An affirmative court order is required. Section 151 CPC permits plaintiff to wit..

Under the Consumer Protection Act, substantial damages cannot be awarded on presumptions or photocopies of unproven documents. While the Evidence Act does not strictly apply, natural justice..

For recovery of possession, plaintiff must plead and prove entitlement to property, manner of entitlement, specific date and mode of dispossession, and nature of defendant's possession estab..

A photocopy of Power of Attorney constitutes secondary evidence and cannot be relied upon unless twin requirements under Section 65 Evidence Act are satisfied: factual foundation proving exi..

Grant of regular bail or anticipatory bail cannot be made subject to deposit of any amount. Where case for bail is made out, Court must grant it unconditionally; where not made out, Court ma..

For conviction under Section 376 IPC, complete sexual intercourse is not mandatory; mere penetration suffices per Explanation to Section 375 IPC. Intact hymen does not negate penetration. Vi..

For conviction under Section 304B IPC, prosecution must prove cruelty or harassment in connection with dowry demand inflicted soon before death. General allegations of harassment without spe..

Statutory obligation of maintenance under Section 125 of the Code of Criminal Procedure is not discharged merely because the ex-wife is educated or has parental support. Maintenance must be ..

Power to summon additional accused under Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available only before framing of charges. Once cognizance is taken and charges are fra..