A husband cannot be absolved of his obligation to maintain his minor child merely because the wife is earning. Where the mother has custody, her contribution of time, effort, and emotional s..

A woman in an extra-marital relationship with a husband does not qualify as a "relative" under Section 498-A of the Indian Penal Code. The term "relative" connotes a status conferred by bloo..

Failure to produce an arrested person before a Magistrate within 24 hours of arrest violates Article 22(2) of the Constitution. Such illegality in detention cannot be cured by a subsequent r..

When presence of witnesses summoned under Section 311 CrPC cannot be secured despite all efforts, including service of bailable and arrest warrants, the trial court is justified in closing s..

High Courts, while exercising inherent jurisdiction under Section 482 of the Code of Criminal Procedure, cannot travel beyond the allegations in the complaint and material placed by the comp..

In anticipatory bail proceedings, the temporal sequence of events and the conduct of parties preceding the registration of an FIR are relevant considerations. Where a criminal complaint appe..

Under Section 7(3) of the Dowry Prohibition Act, 1961, a person aggrieved by a dowry offence cannot be prosecuted under the Act solely on the basis of statements or complaints made by them a..

Loan repayments that lead to creation of assets cannot be treated as necessary expenditure for the purpose of reducing maintenance liability under Section 144 of the Bharatiya Nagarik Suraks..

Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881 are rebuttable. Where the accused raises a probable defence sufficient to cast doubt on the existenc..

An impounded passport must be released when criminal proceedings underlying its impoundment have been stayed by a superior court. Continued retention of a passport after a stay of trial lack..

Criminal proceedings under the Protection of Women from Domestic Violence Act, 2005 can be quashed where they are instituted not out of genuine grievance but as a strategic device to stall a..

Wilful disobedience of a court order constitutes contempt, and even negligence or carelessness in compliance may attract contempt jurisdiction. A belated apology, tendered only when punishme..