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Supreme Court & High Courts Judgments
Cruelty under Section 498A IPC must satisfy statutory ingredients under the Explanation — mere matrimonial discord or ordinary family expectations do not suffice. A complaint that is gener..
Delhi High Court
Under Section 40 of the POCSO Act, Rule 4 of the POCSO Rules 2020, and Section 483(2) of the BNSS, a victim has an enforceable right to be heard before bail is granted to an accused, particu..
Kerala High Court
Functional disability in motor accident claims may be assessed at 100% even where medical assessment of permanent disability is lower, if the injured person is rendered incapable of independ..
Crossing the central line while overtaking constitutes rash and negligent driving under Sections 279, 337, and 338 of the IPC, read with Rule 6 of the Rules of Road Regulations, 1989, which ..
Himachal Pradesh High Court
Under Section 58 of the Indian Evidence Act, 1872, facts admitted by parties need not be proved. Where a defendant admits receipt of a loan, the burden shifts to establish repayment. Cash tr..
Under the Indian Succession Act, 1925, a petition for Letters of Administration on the ground of intestacy under Section 278 is not maintainable when the petitioner acknowledges the existenc..
Under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused must be informed of the right to be searched only before a Magistrate or a Gazetted Officer. Offering..
Supreme Court
Confirmation of a court auction sale does not render the matter immune from further scrutiny where credible issues arise regarding adequacy of valuation or fixation of the reserve price. The..
Registration of an FIR on the statement of a police official who witnessed the incident is valid and its authenticity cannot be doubted merely because no complaint was filed by the victim. U..
Under Section 149 of the IPC, every member of an unlawful assembly is vicariously liable for acts committed by any member in furtherance of the common object. Absence of a specific eyewitnes..
The procedural safeguard under Section 50 of the NDPS Act, requiring intimation of the right to be searched before a Gazetted Officer or Magistrate, applies only to personal body searches an..
Chhattisgarh High Court
Statutory presumption under Section 113B of the Indian Evidence Act in a dowry death case under Section 304B of the IPC is triggered only after the prosecution strictly proves that the decea..
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