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Supreme Court & High Courts Judgments
(i) Indian Penal Code, 1860, S.294(b) -- Obscenity -- Abusive or Vulgar Language -- Obscenity is not synonymous with vulgarity, abuse or profanity. Swear words and vulgar expletives, however..
Supreme Court
(i) Criminal Procedure Code, 1973, S.340 -- Perjury Proceedings -- Absence of Opinion on Expediency -- Initiation of an inquiry requires the court to form an opinion that holding such inquir..
(i) Constitution of India, 1950, Art.22(1) -- Bail -- Defect in Grounds of Arrest Documents -- Complete non-service of grounds of arrest vitiates the arrest, but where grounds have been serv..
Bharatiya Nagarik Suraksha Sanhita, 2023, S.38 -- Right to Legal Assistance During Interrogation -- Advocate's Presence Within Visual Range -- Section 38 BNSS entitles an arrested person to ..
Criminal Procedure Code, 1973, S.451, S.457 -- Supardari-- Interim Custody of Vehicles -- Registration Certificate in Name of Claimant -- Registration certificate is a relevant but not concl..
Criminal Procedure Code, 1973, S.374 -- Criminal Appeal -- Conviction by Sessions Court in Appellate Jurisdiction -- No appeal lies where a Sessions Court, while exercising appellate jurisdi..
Criminal Procedure Code, 1973, S.299 -- Evidence -- Testimony in Trial of Absconding Accused -- Testimony of a witness recorded in trial against a co-accused cannot be used against an abscon..
Criminal Procedure Code, 1973, S.125(4) -- Interim Maintenance to Wife -- Ex Facie Proof of Adultery -- Bar to interim maintenance under Section 125(4) operates only where the husband establ..
Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 -- Bail -- NDPS Commercial Quantity -- Prolonged custody and delay in trial along with rehabilitation prospect warrant bail. Recove..
Punjab & Haryana High Court
(i) Indian Evidence Act, 1872, S.53A -- Rape -- Prior Sexual Experience of Victim -- Irrelevant to consent or credibility in rape trial. Section 53A and the proviso to Section 146 bar any in..
Orissa High Court
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Mismatch Between Cheque in Complaint and Cheque Put to Accused -- Vitiates trial as structural defect. Compliance with S..
Calcutta High Court
Constitution of India, 1950, Art.21 -- Right to Marry -- Convict Lodged in Open Air Camp -- Recognised as facet of personal liberty under Article 21. Solemnisation of marriage between consen..
Rajasthan High Court
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