others

In the case of Vipin Kumar vs State of UP and anr. the Allahabad HC has held that in cases of non-payment of maintenance allowance, the Magistrate has no jurisdiction to issue a warrant of arrest straightaway, without first levying the amount due as fine under section 421 of CrPC.  In the instant case, the wife of..

In Raja Berwa& Ors v. State & Anr 2022, Justice Chandra Dhari Singh held that if the Court is pleased that the parties have resolved the disputes amicably, without undue pressure, even in non-compoundable offenses on matrimonial disputes, then FIRs or subsequent criminal proceedings concerning the crimes can be quashed to secure the ends of justice. ..

In Shilpa Singh vs. Vikas Khanna (2022), Justice Yashwant Varma stated that to prevent disputes and repugnancy, the two conflicting acts, the Protection of Women from Domestic Violence Act, 2005 and the Family Courts Act, 1984, must be interpreted harmoniously. In this case, an application challenging order on the grou..

When The Offence Under SC/ST Act Appears To Be Misuse Of Law, Anticipatory Bail Can Be Granted: Chhattisgarh HC In the case of Jawed Khan vs State of Chhattisgarh the Hon’ble HC of Chhattisgarh has held that when an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears ..

Every Saint Has A Past: SC Commutes The Death Sentence Imposed On Convict For The Rape And Murder Of A 4 Year Old In the case of Mohd Firoz vs State of Madhya Pradesh the Apex Court has commuted the death sentence of a man accused of the rape and murder of a 4 year old girl. The Court observed that the maximum punishm..

KEY TAKEAWAYS The Hindu Marriage Act allows either party to divorce on the grounds of unhappiness or if the marriage is no longer tenable. A a href="https://w..

KEY TAKEAWAYS Any person who is 17 years and 364 days old will be viewed as a minor in the eyes of law. The age of majority has been decided by the Indian Majority Act of 1875. As per the Indian Contract Act of 1872. a href="https://www.lawyersclubindia.com/articles/minor-copar..

In the case of Mohd Firoz vs State of Madhya Pradesh the Apex Court has commuted the death sentence of a man accused of the rape and murder of a 4 year old girl. The Court observed that the maximum punishment prescribed might not be the sole determinative factor for repairing the crippled psyche of the offender.  ..

In the case of Abhishek vs State of Madhya Pradesh the Madhya Pradesh HC has termed live-in relationships as the by-product of Article 21 which promotes lascivious behaviours.  The Court also observed that the people who want to exploit this freedom are quick to embrace it and are ignorant of the fact that the sam..

In Father Of Prosecutrix-X v State Of Madhya Pradesh (2021), Justice R.K. Dubey, while dealing with the implementation for cancellation of bail under Section 439(2) CrPC filed by the Prosecutrix's father, noted that the Prosecutrix's medical examination report stated that no conclusive opinion could be given regarding rape. However, it was discovered..

Gift Of Ancestral Property Of HUF Can Only Be For ‘Pious Purposes’, Cannot Be ‘Out Of Love And Affection’: SC In the case of KC Laxmana vs KC Chandrappa Gowda the Apex Court has held that a Hindu Father or any other member of Hindu Undivided Family has power to make a gift of ancestral property..

In the case of B.P. @ Amrat Singh Gurjar vs State of MP the Madhya Pradesh HC has granted bail to a man arrested on the basis of the confessional statement of a co-accused. The Court observed that lately, it has become a norm for the police to file a charge-sheet against a person only on the basis of the confessional statements of an accused. li styl..

Denial Of Sex ‘Cruelty’ But Not ‘Exceptional Hardship’ For The Purpose Of Section 14 Of HMA: Cooling Priod Cannot Be Waived: Delhi HC In the case of Rishu Aggarwal vs Mohit Goyal the Delhi HC has held that the denial of conjugal relationship does not amount to ‘exceptional hardship’..

In the case of KC Laxmana vs KC Chandrappa Gowda the Apex Court has held that a Hindu Father or any other member of Hindu Undivided Family has power to make a gift of ancestral property only for a pious purpose and the same cannot be done out of love and affection as the same does not come within the scope of the term pious purpose.  li style="t..

KEY TAKEAWAYS The Sessions Court is established according to Section 9 of the CrPC. According to Section 209, a Magistrate takes cognizance of a crime. Articles 233-237 deal with subordinate courts. ..