Appointment of a receiver under Section 146 of the Code of Criminal Procedure requires independent judicial satisfaction regarding the existence of an emergency or the inability to determine..

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..

A third party, including a complainant or whistleblower, has no locus standi to challenge service actions under Article 226 of the Constitution. Service disputes are personal in nature; only..

Absence without leave does not constitute desertion under the CRPF Act, 1949 and Rule 31 of the CRPF Rules, 1955, unless wilful intent is established on the basis of material on record. Decl..

Absence of documentary proof of income is not a valid ground to deny just compensation to an injured claimant in motor accident proceedings. Motor Accident Claims Tribunal proceedings are su..

The use of the expression "means" in a definition clause does not render the definition exhaustive where a purposive reading advances the legislative object. The definition of "near relative..

Prosecution under Section 25(1-B)(a) of the Arms Act requires unlawful possession of firearms in contravention of licence conditions. Section 29(B) requires actual delivery or transfer of po..

Assessment of civil liability under Section 135 of the Electricity Act for alleged theft of electricity must comply with principles of natural justice. The assessing authority is bound to co..

Cheque dishonour proceedings under Section 138 of the Negotiable Instruments Act, 1881 are quasi-criminal and primarily compensatory in nature. Trial courts must refer all such cases to medi..

Conviction under Section 306 of the IPC requires proof of two distinct elements: first, that the deceased committed suicide, and second, that the accused abetted the act through instigation ..

The principle of "no work no pay" does not apply where an employee, though willing to work, was kept away from a promotional post due to administrative lapse of the employer. Once retrospect..

Under Section 195 of the CrPC (Section 215 BNSS), cognizance of offences affecting public justice can be taken only upon a complaint by the concerned public servant or a superior authority â..