Prosecution for bigamy under Section 494 IPC requires proof of a valid second marriage contracted during the subsistence of the first marriage. Mere cohabitation or a live-in relationship do..

Vague and omnibus allegations against relatives of a husband, unsupported by corroborating material, cannot sustain criminal prosecution in matrimonial disputes. Mere mention of names in an ..

Testimony of a child victim, when credible and corroborated by medical evidence, cannot be discarded on the basis of minor inconsistencies or perceived improbabilities in the prosecution tim..

Part-payments made prior to issuance of cheques do not invalidate the legally enforceable debt represented by those cheques under Section 138 of the Negotiable Instruments Act. Once the sign..

Vicarious liability of a director under Section 141 of the Negotiable Instruments Act requires specific averments in the complaint establishing that the accused was in charge of and responsi..

Under Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a victim or dependent shall receive mandatory notice and opportunity of hearing before any c..

A creditor making phone calls to a debtor demanding repayment of dues performs a lawful act. Such conduct, without material indicating physical assault, threat of a specific nature, or activ..

Dishonour of a post-dated cheque, by itself, does not establish dishonest intention at the inception of a transaction so as to attract the offence of cheating under Section 420 of IPC. Post-..

Prosecution under Section 25(1-B)(a) of the Arms Act requires unlawful possession of firearms in contravention of licence conditions. Section 29(B) requires actual delivery or transfer of po..

Once a Magistrate accepts a cancellation or untraced report under Section 193 of BNSS, the court becomes functus officio and the proceedings stand closed for all purposes. Thereafter, the Ma..

To sustain a charge of cheating under Section 318 of BNS or criminal breach of trust under Section 316 of BNS, dishonest or fraudulent intention must be established at the inception of the c..

Custodial detention of an approver under Section 343(4)(b) of BNSS (corresponding to Section 306(4)(b) of CrPC) is protective, not punitive. The provision must be read alongside the clause "..