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Supreme Court & High Courts Judgments
Whether a complainant in a Section 138 NI Act prosecution qualifies as a "victim" under the proviso to Section 372 CrPC, entitling appeal against acquittal without special leave under Sectio..
Supreme Court
Non-disclosure of an FIR cancelled by judicial order before the recruitment process commenced does not amount to suppression of a material fact justifying termination. Relying on Avtar Singh..
Punjab & Haryana High Court
Under Section 2(1)(d) of the Consumer Protection Act, 1986, the determinative test for excluding a buyer from the definition of 'consumer' is the dominant purpose at the time of purchase, no..
A photocopy of a notarised Power of Attorney is inadmissible unless statutory requirements for secondary evidence under Sections 63 to 65 of the Evidence Act, 1872 are strictly complied with..
Under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, a 'relationship in the nature of marriage' requires, inter alia, that both parties be legally qualified to ent..
Bombay High Court
Section 362 CrPC, which prohibits alteration or review of final judgments, does not bar cancellation of anticipatory bail granted on the strength of a court-recorded compromise subsequently ..
Under Section 25 of the Guardians and Wards Act, 1890, child welfare remains the paramount consideration but cannot be assessed in isolation. Custody determination must integrate parental co..
Unlike Section 125(4) CrPC, which expressly bars maintenance to a wife living in adultery, the Protection of Women from Domestic Violence Act, 2005 contains no such statutory disqualificatio..
Delhi High Court
A husband who obtains divorce on the ground of wife's mental illness cannot subsequently evade maintenance liability under Section 127 CrPC by contending she is capable of earning. Such mutu..
Article 21 encompasses the right to personal development and autonomy. A mother cannot be compelled to choose between custody of her child and pursuit of higher education abroad. While welfa..
A Family Court cannot proceed ex-parte against a defendant on a date fixed for reconciliation or interlocutory proceedings under Section 20(7) of the Legal Services Authorities Act, 1987. Su..
Chhattisgarh High Court
Filing of withdrawal application under Order XXIII Rule 1 CPC does not result in automatic dismissal of suit. An affirmative court order is required. Section 151 CPC permits plaintiff to wit..
Allahabad High Court
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