Sections 302 and 364 of the IPC are separate and distinct offences and do not qualify as cognate offences under the CrPC. Conviction for a lesser offence under Section 222 CrPC is permissibl..

Assessment of functional disability for computation of loss of earning capacity under motor accident compensation law must be based on realistic appraisal of the injury's impact on the claim..

Inherent powers under Section 482 of the CrPC cannot be exercised to quash an FIR involving allegations of forgery and fraud when forensic examination of disputed documents is pending and in..

Adoption is an equal exercise of reproductive and decisional autonomy under Article 21 of the Constitution, and restriction of maternity benefit to adoptive mothers of children below three m..

The standard for summoning additional accused under Section 319 CrPC is "strong and cogent evidence" — higher than prima facie satisfaction but well below proof beyond reasonable doubt. Co..

A foreign divorce decree is not conclusive or binding under Section 13 of the Code of Civil Procedure, 1908 if granted on grounds not recognised under the Hindu Marriage Act, 1955, or if the..

Under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused must be informed of the right to be searched only before a Magistrate or a Gazetted Officer. Offering..

Confirmation of a court auction sale does not render the matter immune from further scrutiny where credible issues arise regarding adequacy of valuation or fixation of the reserve price. The..

Registration of an FIR on the statement of a police official who witnessed the incident is valid and its authenticity cannot be doubted merely because no complaint was filed by the victim. U..

Under Section 149 of the IPC, every member of an unlawful assembly is vicariously liable for acts committed by any member in furtherance of the common object. Absence of a specific eyewitnes..

Creamy layer status within the OBC category cannot be determined solely on the basis of parental salary income. The 1993 Office Memorandum, issued pursuant to Indra Sawhney, mandates that st..

Acquittal of a co-accused or failure of a conspiracy charge under Section 120B of the IPC does not automatically result in acquittal of a public servant on the substantive charge under Secti..