Major Unmarried Daughter Can Claim Maintenance Under Section 125 CrPC Despite Alternative Remedy Under HAMA: Bombay High Court

The Bombay High Court has held that the availability of an alternative remedy under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) does not bar a major unmarried daughter from claiming maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The Court observed that maintenance could not be denied to the daughter merely because she could pursue a separate remedy under...

Delhi High Court Says Neha Bora's Peace-Bond Notice Based On Diary Entries, Prohibitory Orders Covered Mandi House

The Delhi High Court said that Special Executive Magistrate's notice to execute a personal bond of ₹10,000 with one surety to maintain peace during an inquiry after she was detained last week, was not merely based on hearsay material but also based on case diary entries lodged at different police stations pertaining to different events. The court however directed the State to provide...

12-Month Limitation To Recover Maintenance Arrears Runs From Date Of Order, Not Previous Period From When It Is Awarded: Rajasthan High Court

The Rajasthan High Court has held that the date for calculating the limitation period of 12 months prescribed under proviso to Section125(3) CrPC, is the one on which the order awarding maintenance is passed and not the date from which such maintenance is calculated. Proviso to Section 125(3), CrPC, prescribed a period of limitation of 12 months for seeking recovery of the amount due under...

Executive Magistrate's Inquest Report Only Aids Probe, Cannot Substitute Police's Final Report: Karnataka High Court

The Karnataka High Court has held that an Inquest Report prepared under Section 174 CrPC (corresponding to Section 194 BNSS) is merely a fact-finding report meant to aid the investigation and does not conclude the investigative process or substitute a final report. Consequently, Justice Suraj Govindaraj directed the police to complete the probe and file final report before the Additional...

Magistrate Taking Cognizance Before Transfer To Special Court Does Not Vitiate Proceedings Under SC/ST Act: Allahabad High Court

The Allahabad High Court has observed that a Magistrate taking cognizance of an offences under the SC/ST Act before committing the case to the Special Court does not, by itself, result in the entire criminal proceedings being vitiated.A bench of Justice Santosh Rai observed that even if the ACJM's initial exercise of jurisdiction in taking cognizance and recording statements under Sections...

Prolonged Investigation Without Progress Can Violate Accused's Article 21 Rights: Kerala High Court Quashes Sexual Harassment FIR

The Kerala High Court recently quashed a sexual harassment case against a man after noting that there was an inordinate delay of 8 years in completing the investigation, mainly due to the non-cooperation by the defacto complainant. [2026 LiveLaw (Ker) 592]Justice Jobin Sebastian considered the question as to whether mere filing of an undetected report by the police would confer a right upon...

Rajasthan High Court Invokes India-US Treaty To Serve Summons On Rape Complainant Living In America

Rajasthan High Court invoked the Mutual Legal Assistance Treaty (MLAT) signed between Indian and the USA, read with Section 110 of BNSS, for ascertaining the whereabouts and serving notice to a woman in a rape case who was stated to have shifted to the USA after filing the complaint. Section 110, BNSS governs reciprocal arrangements for serving or executing court processes in relation to...

Children's Maintenance Claim Does Not Perish With Mother's Death: Rajasthan High Court Permits Grandmother To Continue Proceedings

Rajasthan High Court upheld trial court's order that allowed maternal grand-mother to represent minors in a suit for maintenance filed against their father, after the death of the minors' mother who had initiated the maitenance claim.The bench of Justice Sunil Beniwal held that custody proceedings were separate from maintenance proceedings, and pendency of the former could not affect...

Section 17A PC Act Doesn't Apply To Bribe Demand As It Is Unconnected To Official Duty: Supreme Court

The Supreme Court has held that Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval before initiating an inquiry or investigation into certain allegations against public servants, does not apply to cases involving the demand of illegal gratification, as such conduct is unconnected with the discharge of official duties.A bench of Justice SVN Bhatti and Justice...

Allahabad High Court Stays Conviction Of Murder Convict Who Wishes To Contest UP Assembly Polls On BJP Ticket

"Right to livelihood of a common man is not less important than the right to contest election by a politician", HC said

'Can't Take Shelter Behind Workload': Allahabad High Court Flags Magistrates' Lapses In Remand Proceedings, Directs Training Modules

Remand duty is extremely important and directly related to Articles 21 and 22 of the Constitution, HC said.

Allegation Of Illicit Relationship Does Not Divest A Woman Of Her Legal Status As Widow: Allahabad High Court

The Allahabad High Court has held that once the marriage of a woman and the death of her husband are admitted, her status as his widow follows as a legal consequence and is not lost merely because she is alleged to have formed a relationship with another man after the husband's death.Justice Anil Kumar-X held“The status of widow is a legal status arising from marriage and the death of...