From Shah Bano to Shabana Bano: Divorced Muslim Women And Right To Claim Maintenance Under Section 125 CrPC

"She having chosen to move under the Code cannot be said to be debarred under law on the ground that she is a divorced Muslim lady."

How Should Magistrates Deal With Protest Complaints? SC Explains [Read Judgment]

"Magistrate could not be compelled to take cognizance by treating the protest petition as a complaint."

What Are The Requirements Of Notice For 'Suo Motu' Enhancement Of Sentence? SC Explains [Read Order]

"Any notice for enhancement must indicate why the Court wants to enhance the sentence and it must give reasonable time to the accused to answer the notice."

Can The Court Order Deposit Of Cash As A Condition Precedent For Granting Anticipatory Bail?

In a recent Judgment, the High Court of Kerala, while jointly hearing four petitions filed by the same petitioner observed that although the deposit of cash as a condition for granting anticipatory bail under section 438(2) is allowed, such discretion must be used with absolute restraint and the amount deposited must not be excessive or onerous. The petitioner in the instant case...

Recent Supreme Court Judgments On Domestic Violence Act [2006-2019]

The Protection of Women from Domestic Violence Act, 2005 came into force on 26 October 2006. The stated objective of the Act is "to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family".The Supreme Court of India has made some significant interventions and interpretations in the...

Legal Validity of Fatwas And Religious Dictates

Exactly five years ago, on July 7th 2014, the Supreme Court of India had ruled on validity of Fatwas (Religious Dictates).

164(5A)CrPC: Should A Magistrate Record The Section 164 Statement Of A "Rape Victim" Not Under Any Mental Or Physical Disability?

A doubt has been raised as to whether the obligation on the part of the Judicial Magistrate to record the statement of the victim of any of the offences specified in sub-section (5A) of Section 164 Cr.PC., is limited only to those cases where the victim is mentally or physically disabled. A rape victim can be considered as an example. Relying on clause (c) of the 2nd proviso to...

How To Record The Evidence Of Deaf And Dumb Rape Victim? Bombay HC Explains [Read Order]

The Bombay High Court remanded a rape case to the Trial Court on the ground that evidence of deaf and dumb victim was recorded without considering the provisions of Section 119 Evidence Act.As per the proviso to Section 119 Evidence Act, when the witness is unable to communicate verbally, the court shall take the assistance of an interpreter or a special educator in recording the statement,...

Section 482 Cr.P.C :Recent Supreme Court Judgments

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State (Govt. Of Nct Of Delhi) Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition."There is nothing in the words of this Section which...

All You Want To Know About Law On Willful Defaulters

The case of Willful Defaulters was taken up by the Central Vigilance Commission back in 1999. It gave instructions for the collection of information on willful defaults of Rs.25 lakhs and above. Pursuant to these instructions, Banks and notified Financial Institutions were required to submit information on willful defaulters to RBI. The RBI, on 1.07.2015 (Revised) issued a...

Order II Rule 2 CPC : When Does Relinquishment Of Claim Bar Second Suit?

The correct test in cases falling under O.II R.2, is "whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation for the former suit".

Dishonour Of Cheques: 14 Latest Supreme Court Judgments

Section 148 NI Act Retrospective [Surinder Singh Deswal @ Col. S.S. Deswal vs. Virender Gandhi] In this case, the Supreme Court held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints...