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Supreme Court & High Courts Judgments
For computing limitation under Section 468 of the CrPC, the relevant date is the date of filing of the complaint or lodging of the FIR, and not the date on which the Magistrate takes cogniza..
Supreme Court
Phenothiazine and Promethazine do not fall within the definition of "narcotic drug" under Section 2(xiv) or "psychotropic substance" under Section 2(xxiii) of the NDPS Act, 1985. Neither sub..
Patna High Court
Continuation of criminal prosecution under POCSO Act against a party to a subsisting marriage, where the couple is living happily with a child, amounts to undue harassment and warrants exerc..
Bombay High Court
Kidnapping under Section 363 and abduction under Section 366 of the IPC require proof of active inducement, enticement, or force by the accused. Voluntary accompaniment by a minor, absent so..
Chhattisgarh High Court
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..
Karnataka High Court
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..
Orissa High Court
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 ..
Allahabad High Court
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..
Madhya Pradesh High Court
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..
Punjab & Haryana High Court
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..
Calcutta High Court
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..
Delhi High Court
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