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Supreme Court & High Courts Judgments
Criminal Procedure Code, 1973, S.437(1) -- Bail -- Murder and Conspiracy -- "Bail is the rule, jail is an exception" is a guiding principle, not an absolute rule -- It must be balanced with ..
Supreme Court
Criminal Procedure Code, 1973, S.319 r/w S.273 -- Murder -- Section 319 CrPC Summoning -- Evidence recorded against an accused in his absence, before he is summoned under S.319 CrPC, cannot ..
Allahabad High Court
Criminal Procedure Code, 1973, S.125 -- Maintenance -- Disputed Paternity -- Refusal of DNA Test -- Proceedings under S.125 CrPC are welfare-oriented and do not require strict proof of marri..
Madhya Pradesh High Court
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, S.3(1) -- Preventive Detention -- Unexplained Delay and Non-Supply of Detention Proposal -- Preventive ..
Punjab & Haryana High Court
Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Disputed Document -- Denial of Signature and Handwriting -- Once a complainant denies both the handwriting and signature on ..
Rajasthan High Court
Constitution of India, Art.21 -- Illegal Detention -- Police Custody Without FIR -- Detention of a citizen by police without registration of any cognizable offence amounts to violation of th..
Indian Penal Code, 1860, S.376 -- Bail -- Rape Trial -- Courts must remain mindful of the gravity of the offence and its societal impact while considering bail in rape cases, since granting ..
Jammu & Kashmir and Ladakh High Court
Under Section 147 of the Code of Criminal Procedure, an Executive Magistrate has power to direct removal of an obstruction over a long-standing right of passage where the dispute is likely t..
Himachal Pradesh High Court
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, S.3 -- Preventive Detention -- Suppression of Dismissal of Bail Cancellation Proceedings -- Preventive ..
(i) Constitution of India, Art.21 -- POCSO -- Potency Test on Accused -- A potency test conducted on an accused without his consent does not violate Art.21 and is not prohibited under the ri..
Kerala High Court
Criminal Procedure Code, 1973, S.173 -- Investigation -- Accused Called to Police Station Without Concrete Evidence -- An investigating officer cannot keep a criminal investigation pending i..
Indian Penal Code, 1860, S.498A -- Cruelty to Wife -- Unlawful Demand -- General and omnibus allegations of torture or cruelty without specific instances, particular dates, or definite perso..
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