Pre-trial quashing of a Section 138 complaint is impermissible once the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 is triggered. Whether a cheque was iss..

Under Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act, 1989, the expression "public view" is distinct from "public place." A location accessible to fellow employees within factor..

Under Section 145(1) of the Negotiable Instruments Act, 1881, only the complainant may present evidence-in-chief by way of an affidavit in a cheque dishonour case under Section 138. The prov..

An inquest report under Section 194 BNSS serves the limited purpose of forming a prima facie opinion on the apparent cause of death. There is no statutory requirement to mention the name of ..

Section 494 IPC applies only where the second marriage is void by reason of the subsistence of the first marriage. Under Muslim Personal Law, a Muslim male is permitted to contract up to fou..

The right to travel abroad is a basic human right protected under Article 21, forming part of personal liberty as recognised in Maneka Gandhi v. Union of India [(1978) 1 SCC 248]. Even a con..

Conviction under Section 363 IPC requires proof that the minor was taken away from the custody of a "lawful guardian." Where the person claiming guardianship has no established legal or fact..

Section 15(2) of the POCSO Act does not require identification or physical presence of a child victim to prosecute offences involving Child Sexual Abuse Material (CSAM). The definition of "c..

Proceedings under Sections 164 and 165 of the Bharatiya Nagrik Suraksha Sanhita cannot be invoked to dispossess a party in actual possession of property. Such summary attachment proceedings ..

Under Section 125 CrPC, a minor daughter who files or is included in a maintenance application during minority cannot be denied maintenance solely on the ground that she attained majority du..

Under Section 141 of the Negotiable Instruments Act, liability of a partner of a firm for dishonour of a cheque is joint and several, not vicarious. Unlike a company director, a partner's li..

A plea of alibi is a matter of defence that must be established during trial through formal proof; it cannot be adjudicated at the stage of summoning an additional accused under Section 319 ..