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

Preliminary Issue -- Application After Commencement of Trial -- Power under O.14 R.2(2) CPC exhausts once trial of all issues has commenced

(i) Civil Procedure Code, 1908, O.14 R.2(2) -- Preliminary Issue -- Conditions for Trying Issue First -- An issue can be tried first under Order 14 Rule 2(2) only where it is an issue of law..

Supreme Court

Passport -- Pendency of Criminal Case -- Passport cannot be denied merely on ground of pending criminal case; remedy lies in seeking surrender before travel

(i) Passports Act, 1967, S.6 -- Passport -- Pendency of Criminal Case -- Mere pendency of a criminal case against an applicant is not a ground for the passport authorities to deny issuance o..

Dowry Death -- Demand for Money to Set Up Business -- Demand connected with marital relationship remains dowry demand despite disclosed business purpose

(i) Indian Penal Code, 1860, S.304B -- Dowry Death -- Demand for Money to Set Up Business -- A demand for money connected with the marital relationship does not cease to be a dowry demand me..

Advocate-Client Privilege -- Advocate's Own Conduct Under Investigation -- Privilege not an absolute bar to investigation where prima facie material shows advocate acted beyond role of legal adviser

(i) Central Goods and Services Tax Act, 2017, S.67(2) -- Advocate-Client Privilege -- Advocate's Own Conduct Under Investigation -- Advocate-client privilege cannot operate as an absolute ba..

Transfer of Petition -- Financial Weakness of Wife -- Financial incapability alone not a ground for transfer where husband ready to bear travel expenses

Civil Procedure Code, 1908, S.24 -- Transfer of Petition -- Financial Weakness of Wife -- Financial incapability of a wife alone does not constitute a ground for transfer of divorce proceedi..

Advocates Act -- Challenge to Bar Council Order -- Disciplinary order of Bar Council of India can be challenged only by appeal to the Supreme Court and not through criminal proceedings or revisional jurisdiction

(i) Advocates Act, 1961, S.38 -- Advocates Act -- Collateral Challenge to Bar Council Order -- An order passed by the disciplinary committee of the Bar Council of India in appeal under Secti..

Fundamental Rights -- Disciplinary Action for Expressing Dissent -- Fine imposed on university students for cheering or smiling in support of a demonstration stayed as it curbs a valuable right to express dissent

Constitution of India, 1950, Art.19(1)(a) -- Fundamental Rights -- Disciplinary Action for Expressing Dissent -- The right of a student to express dissent, demonstrate, or show support for a..

Maintenance to Wife -- Contradictory Statements on Date of Marriage -- Maintenance proceedings cannot be quashed where the nature of the marital relationship requires determination through evidence at trial

(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 -- Maintenance to Wife -- Contradictory Statements on Date of Marriage -- In a proceeding under Section 144 BNSS, it is sufficient to esta..

Motor Accident Claim -- Parked Vehicle Hit From Behind -- No negligence attributable to a vehicle parked on the roadside when the colliding vehicle had sufficient time to exercise due care

Motor Vehicles Act, 1988, S.166 -- Motor Accident Claim -- Parked Vehicle Hit From Behind -- No negligence or contributory negligence can be attributed to a vehicle parked on the side of a h..

Motor Accident Claim -- Permissive User of Borrowed Vehicle -- Permissive user who borrows a vehicle steps into shoes of owner and cannot claim compensation under Section 163A against the owner

(i) Motor Vehicles Act, 1988, S.163A -- Motor Accident Claim -- Permissive User of Borrowed Vehicle -- A permissive user who borrows a vehicle from its owner steps into the shoes of the owne..

Quashing of FIR -- Termination of Pregnancy Without Husband's Consent -- Investigation stayed where FIR registered same day as complaint without scrutiny inspires no confidence

Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of FIR -- Termination of Pregnancy Without Husband's Consent -- Registration of an FIR on the very same day as the complaint, with..

Maintenance to Wife -- Wife Employed and Earning -- Wife is not entitled to interim maintenance for the period during which she was employed and earning

(i) Hindu Marriage Act, 1955, S.24 -- Maintenance to Wife -- Wife Employed and Earning -- A wife who is employed and earning at the time of filing an application for interim maintenance, and..

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