The expression "wife" under Section 125 of the Code of Criminal Procedure must receive a liberal interpretation in furtherance of its social justice objective. A woman who has cohabited open..

Mere existence of telephonic calls in call detail records, without disclosure of the contents of communication, cannot establish criminal conspiracy under Section 61(2) of the Bharatiya Nyay..

A party in matrimonial proceedings cannot seek to strike off the opponent's defence where that party's own non-compliance caused the delay. The principle underlying Section 23 of the Hindu M..

Mandatory injunction under the Specific Relief Act is a discretionary remedy and cannot be claimed as a matter of right merely on proof of encroachment. Even where a demarcation report estab..

Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police to "interpose" to prevent cognizable offences, meaning to intervene or step in, and does not authorise issuance of..

Extraordinary writ jurisdiction under Article 226 of the Constitution cannot be invoked to direct registration of an FIR when equally efficacious statutory remedies remain unexhausted. The B..

In a POCSO case, the age of the prosecutrix at the time of the alleged incident, though technically below majority, is a relevant consideration for bail where she was on the verge of attaini..

Section 138 of the Negotiable Instruments Act, 1881 is attracted on dishonour of a cheque only if the cheque represents a legally enforceable debt at the time of presentation. Where part pay..

Under the Prevention of Corruption (Amendment) Act, 2018, it is not necessary that the public servant was actually in a position to perform the official act at the time of demand or receipt ..

Mere participation in a seminar on Islamic literature does not constitute an offence under the bail-restricting provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA). Possessio..

Testimony of a differently-abled victim in a sexual offence case cannot be discarded solely because she is unable to clearly communicate or explicitly identify the accused. Courts must focus..

A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can only be issued for cognizable offences punishable with imprisonment of less than seven years or extending up..