Discharge at the pre-trial stage, for lack of evidence to even frame charges, places an accused on a better footing than acquittal after a full trial. Discharge signifies that no material ex..

In anticipatory bail proceedings, the temporal sequence of events and the conduct of parties preceding the registration of an FIR are relevant considerations. Where a criminal complaint appe..

Under Section 7(3) of the Dowry Prohibition Act, 1961, a person aggrieved by a dowry offence cannot be prosecuted under the Act solely on the basis of statements or complaints made by them a..

Loan repayments that lead to creation of assets cannot be treated as necessary expenditure for the purpose of reducing maintenance liability under Section 144 of the Bharatiya Nagarik Suraks..

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..

A bank acting as an agent for collection of cheques is under a legal obligation to exercise due diligence in presenting instruments within their validity period. Failure to re-present cheque..

Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the d..

A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While sta..

Dearness allowance payable to serving employees and dearness relief payable to pensioners share a common object of neutralising the impact of inflation. Granting a higher rate of dearness al..

A person not party to original writ proceedings cannot be denied impleadment where an interim order passed in those proceedings directly and demonstrably affects such person's rights or prop..

An Insurance Company impleaded as a party-respondent in a motor accident claim petition is entitled to contest the claim on all available grounds, without restriction to the grounds enumerat..

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..