Latest Judgments, Bare Acts, Legal News of Supreme Court and High Courts

Divorce -- Non-Lodging of FIR by Wife -- Mere fact of non-institution of a formal First Information Report cannot by itself be treated as a ground to discredit testimony concerning cruelty in matrimonial proceedings.

(i) Family Courts Act, 1984, S.19 -- Divorce -- Appeal Under Section 19 Family Courts Act -- Appeal under this section lies both on facts and law and is comparable in scope to a first appeal..

Bail -- Arrest Without Written Grounds in Vernacular Language -- Arrest and remand vitiated where grounds of arrest not communicated in writing in a language understood by accused

(i) Constitution of India, 1950, Art.22(1); Bharatiya Nagarik Suraksha Sanhita, 2023, S.47 -- Bail -- Arrest Without Written Grounds in Vernacular Language -- An oral explanation of an arres..

Locus Standi -- Proposed Accused Challenging Investigation Order -- Prospective accused at pre-cognisance stage has no locus to challenge order directing registration of FIR

(i) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, -- Locus Standi -- Proposed Accused Challenging Investigation Order -- A proposed accused at the pre-cognisan..

Bigamy -- Family Members of Accused Husband -- Section 495 IPC applies only to spouse who conceals prior marriage, not to family members absent conspiracy or abetment

(i) Indian Penal Code, 1860, S.494, S.495, S.496 -- Bigamy -- Family Members of Accused Husband -- Section 495 IPC is founded on Section 494 IPC and applies only to a person who contracts a ..

Divorce -- Appeal Under Section 19 Family Courts Act -- Scope comparable to first appeal, entire evidence reappraised

(i) Family Courts Act, 1984, S.19 -- Divorce -- Appeal Under Section 19 Family Courts Act -- Appeal under this section lies both on facts and law and is comparable in scope to a first appeal..

Bail -- Sexual Intercourse by Deceitful Means -- Promise to marry made after the act, offence under Section 69 BNS not attracted

Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse by Deceitful Means -- Promise to Marry Made After the Act -- Offence requires sexual intercourse to be induced by deceitful means or..

Revocation of Will -- Inapplicability of Section 69 to Hindus -- Classification has reasonable nexus with object, not violative of Article 14

(i) Indian Succession Act, 1925, S.69 -- Revocation of Will -- Inapplicability of Section 69 to Hindus -- Non-extension of a provision with a laudable object to Hindus does not by itself ren..

Removal from Roll of Advocates -- Fraudulent Document Furnished at Enrolment -- Removal requires fraud to be material to securing enrolment

(i) Advocates Act, 1961, S.26(1), Proviso -- Removal from Roll of Advocates -- Fraudulent Document Furnished at Enrolment -- Mere presence of a fraudulent document in the enrolment record ca..

Succession to Hindu Widow’s Property -- Limited Interest Held Before 1956 -- Becomes absolute ownership under Section 14(1)

(i) Hindu Succession Act, 1956, -- Succession to Hindu Widow’s Property -- Limited Interest Held Before 1956 -- Property possessed by a Hindu woman in which she has a legally recognised i..

Supreme Court

Right of Residence -- Substitution by Monetary Allowance -- Cannot replace actual residential security

(i) Protection of Women from Domestic Violence Act, 2005, S.17, S.19 -- Right of Residence -- Substitution by Monetary Allowance -- Statutory right of residence of an aggrieved woman cannot ..

Non-Appearance Before Court -- Service at Address Where Accused Does Not Reside -- Invalid service, offence under Section 174A IPC not attracted

(i) Indian Penal Code, 1860, S.174A -- Non-Appearance Before Court -- Service at Address Where Accused Does Not Reside -- Summons, warrants or proclamation directed to a place where the pers..

Custody of Minor Child -- Mother as Sole Natural Guardian After Father’s Death -- Entitled to custody over other relatives

(i) Hindu Minority and Guardianship Act, 1956, S.6(a) -- Custody of Minor Child -- Mother as Sole Natural Guardian After Father’s Death -- Statutory term “after” in this section is to ..

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