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..

Subsequent marriage with the prosecutrix after she attains majority does not absolve an accused of repeated acts of rape committed when the prosecutrix was a minor. Under Section 6 of the PO..

Possession of an LL.B. degree by a divorced wife is not a ground to deny maintenance. A husband cannot escape the legal and ethical duty to maintain his wife merely because she holds a profe..

Provisional attachment of a bank account under tax law is a drastic power and must be exercised strictly in accordance with statutory requirements. Formation of opinion based on tangible mat..

Under the NDPS Act, 1985, "ganja" is defined to include only the flowering or fruiting tops of the cannabis plant, excluding leaves, seeds, and stalks when not accompanied by such tops. For ..

Declaration of an accused as absconder under Sections 82 and 83 CrPC cannot be resorted to without exhausting all reasonable and efficacious steps to secure the presence of the accused. The ..

Under Section 94 BNSS, a husband in maintenance proceedings may seek production of employment and income records of the wife from a private institution where she is employed, if such informa..

Under Section 311 CrPC (now Section 348 BNSS), a trial court may summon witnesses or exhibit documents at any stage of trial, including after closure of evidence, if such evidence appears es..

Where unimpeachable material of sterling quality demonstrably displaces the factual foundation of accusations and the prosecution fails to effectively counter it, the Court is justified in e..