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Supreme Court & High Courts Judgments
Delay condonation petitions in Section 138 complaints cannot be rejected merely on technical grounds without affording the parties an opportunity for a full-fledged trial--Substantial justic..
Madras High Court
Under Section 307 IPC, mens rea of a homicidal degree is a sine qua non (essential condition) for establishing attempt to murder--- Section 307 IPC criminalizes the attempt, not the conseque..
Rajasthan High Court
Section 125 CrPC is meant to prevent vagrancy and destitution, not for unjust enrichment, and a litigant must approach the Court with clean hands, mind, and heart...
Punjab & Haryana High Court
The DSPE Act does not divest regular police authorities of their jurisdiction to investigate offences under the Prevention of Corruption Act committed by Central Government employees...
Supreme Court
Cruelty presupposes a degree of proximity or cohabitation, and in the absence of shared residence, allegations of harassment become inherently improbable...
Patna High Court
The claim for educational expenses was prima facie made out and adverse inference may be drawn against a husband for concealing income by not filing an affidavit of assets...
Allahabad High Court
Presence in the vicinity alone is insufficient to deny liberty --Court deprecated the failure of the Investigating Officer and Station House Officer to appear before the Court...
Delhi High Court
Section 35(1)(b) BNSS only specifies circumstances for arrest without warrant and does not empower police to summon or question a person in the absence of any case registered against him...
Admission regarding signature and issuance of cheque in reply notice attracts presumption under Sections 118 and 139 of the NI Act, and mutually destructive defences are untenable...
Karnataka High Court
The Investigating Officer is under statutory obligation to submit a complaint for offences under Sections 177 and 182 IPC when a closure report finds allegations false -- Magistrates must no..
As per the proviso to Section 413, the victim has the right to prefer 'an appeal' and not 'appeals', and this right cannot be extended to an order affirming an earlier acquittal...
Kerala High Court
Mere potential to earn is distinct from actual gainful employment, and it is misplaced for a husband to rely solely on his wife's qualifications to evade his legal obligation to maintain her..
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