A habeas corpus petition does not lie to secure the return of a wife who has voluntarily left the matrimonial home and eloped with another person. The remedy of habeas corpus is unavailable ..

Extent of damage to a vehicle in a motor accident cannot be the sole basis for inferring the speed of travel or attributing contributory negligence to its rider. Damage to a vehicle depends ..

A civil court may exercise inherent jurisdiction under Section 151 CPC to dismiss a suit as infructuous when subsequent events extinguish the original cause of action. Order VII Rule 11 CPC ..

A parent who participates in foreign court proceedings without contesting jurisdiction cannot subsequently invoke the jurisdiction of Indian courts to frustrate or defy orders of that foreig..

Adoption is an equal exercise of reproductive and decisional autonomy under Article 21 of the Constitution, and restriction of maternity benefit to adoptive mothers of children below three m..

Payment of land revenue arrears by a coparcener and subsequent restoration of property in his name does not alter the ancestral character of the property or confer exclusive title upon him. ..

Under Section 27 of the Indian Evidence Act, the essential requirement for admissibility of a discovery is that information supplied by the accused in custody must relate distinctly to the f..

Failure to furnish written grounds of arrest does not automatically render an arrest illegal unless the accused demonstrates actual prejudice — the "prejudice test" governs alleged procedu..

The standard for summoning additional accused under Section 319 CrPC is "strong and cogent evidence" — higher than prima facie satisfaction but well below proof beyond reasonable doubt. Co..

A foreign divorce decree is not conclusive or binding under Section 13 of the Code of Civil Procedure, 1908 if granted on grounds not recognised under the Hindu Marriage Act, 1955, or if the..

Good faith immunity under Section 69 of the NDPS Act is not an absolute shield — it requires lawful competence in addition to honest belief. An officer acting without jurisdiction cannot m..

Closure of premises under Section 18(1) of the Immoral Traffic (Prevention) Act, 1956 is a preventive measure and does not require prior conviction of the owner or occupier under Sections 3 ..