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..

A foetus of five months or more in the womb is treated as a child in existence for the purpose of compensation. Though the Railways Act, 1989 does not specifically mention "foetus," the deat..

A solitary monetary transaction between a co-accused and an accused, without supporting evidence of complicity, cannot establish involvement in an offence under the NDPS Act, 1985. The strin..

A well-qualified husband capable of earning cannot escape maintenance obligation under Section 125 of the CrPC by taking voluntary retirement and claiming absence of income. Earning capacity..

Compounding of an offence under Section 138 of the Negotiable Instruments Act, 1881 is permissible at any stage of proceedings, including after finalisation of conviction by the High Court. ..

Prosecution for bigamy under Section 494 IPC requires proof of a valid second marriage contracted during the subsistence of the first marriage. Mere cohabitation or a live-in relationship do..

Vague and omnibus allegations against relatives of a husband, unsupported by corroborating material, cannot sustain criminal prosecution in matrimonial disputes. Mere mention of names in an ..

Liability of legal representatives of a deceased stamp duty defaulter under Section 181 of the U.P. Revenue Code, 2006, is limited strictly to the extent of property of the deceased that has..

A decree-holder who abandons independent suits challenging third-party title cannot subsequently seek dispossession of those parties through execution proceedings. Though dismissal of a suit..

Testimony of a child victim, when credible and corroborated by medical evidence, cannot be discarded on the basis of minor inconsistencies or perceived improbabilities in the prosecution tim..

Under Order 8 Rule 1 CPC as amended by the Commercial Courts Act, 2015, the 120-day period is an absolute outer limit beyond which no written statement can be filed. However, where a written..

Section 8(2) of the Hindu Minority and Guardianship Act, 1956, requiring prior court permission for sale of a minor's property, applies only to separate property of the minor. It does not ex..