Potential earning capacity of a wife does not negate her entitlement to maintenance. A distinction exists between "may earn" and "is earning." Where a wife discontinues employment due to mar..

Continuation of criminal prosecution under POCSO Act against a party to a subsisting marriage, where the couple is living happily with a child, amounts to undue harassment and warrants exerc..

Kidnapping under Section 363 and abduction under Section 366 of the IPC require proof of active inducement, enticement, or force by the accused. Voluntary accompaniment by a minor, absent so..

Deduction from the salary of a deceased motor accident victim on grounds unrelated to the accident is impermissible in law. Under the principles settled in Sarla Verma v. Delhi Transport Cor..

Pre-trial quashing of a Section 138 complaint is impermissible once the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 is triggered. Whether a cheque was iss..

A writ of habeas corpus lies only where a person is in illegal detention or custody. It cannot be used to trace or secure the presence of a person whose whereabouts are unknown. Where a husb..

Under Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act, 1989, the expression "public view" is distinct from "public place." A location accessible to fellow employees within factor..

Under Section 145(1) of the Negotiable Instruments Act, 1881, only the complainant may present evidence-in-chief by way of an affidavit in a cheque dishonour case under Section 138. The prov..

Section 57 of the Evidence Act permits courts to use books or documents of reference only for matters of public history, literature, science, or art. Title to property is a matter of private..

The principle of strict liability applies in cases of electrocution by a live or broken electricity line. An electricity authority is not required to be proved negligent; the burden on the c..

An inquest report under Section 194 BNSS serves the limited purpose of forming a prima facie opinion on the apparent cause of death. There is no statutory requirement to mention the name of ..

A Lok Adalat award is binding only when parties themselves sign the joint memo of settlement. Regulation 17 of the National Legal Services Authority (Lok Adalats) Regulations mandates that p..