Under Section 294(b) IPC, obscenity requires satisfaction of the "prurient interest" test — the words used must appeal to prurient interests or tend to deprave and corrupt the audience. Vu..

Under Section 27 of the General Clauses Act, 1897, a statutory presumption of service arises when a notice under Section 138 of the Negotiable Instruments Act is properly addressed, prepaid,..

Under Section 138 of the Negotiable Instruments Act, the reason for dishonour of a cheque — whether for insufficiency of funds or freezing of account — is a disputed question of fact tha..

Under Section 125 of the Code of Criminal Procedure, maintenance cannot be granted without considering the professional competence and earning potential of the wife-claimant. The object of S..

Under Section 144 BNSS, maintenance proceedings are summary in nature and contain no provision for impleadment analogous to Order I Rule 10 of the Code of Civil Procedure. The applicant, as ..

Under the Protection of Women from Domestic Violence Act, 2005, the scope of challenge to an ex parte interim maintenance order is confined to demonstrating absence of service or sufficient ..

Prolonged incarceration without commencement of trial amounts to punishment and violates the right to speedy trial under Article 21 of the Constitution. Delay in trial is a significant facto..

An order framing charge does not constitute a judgment, sentence, or final order. It is an interlocutory order that merely advances trial without conclusively determining rights of parties. ..

The mere fact that a wife is earning, or is highly qualified, is not a valid ground to deny maintenance. The duty of a husband to maintain his wife is a social and legal obligation, and the ..

Non-communication of grounds of arrest at the time of apprehension is a violation of Article 22(1) of the Constitution and Section 47 of the BNSS. Once an arrestee raises this grievance, the..

A solitary monetary transaction between a co-accused and an accused, without supporting evidence of complicity, cannot establish involvement in an offence under the NDPS Act, 1985. The strin..

Compounding of an offence under Section 138 of the Negotiable Instruments Act, 1881 is permissible at any stage of proceedings, including after finalisation of conviction by the High Court. ..