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Landmark Judgments and Articles on Law

Inherent power of High Court to be exercised where allegations made in the FIR are absurd and inherently improbable

THE HIGH COURT OF MADHYA PRADESH MCRC-13994-2016 PRABHAT KUMAR HAZARE Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 26-10-2017 Shri Manish Datt, learned Sr. Advocate along with Shri Pradeep Hazari, learned counsel for the petitioner. Shri G.S. Thakur, learned GA for the respondent/State. The…

Whether Court can Condone the delay in re-filing the Application to set aside a Domestic award beyond 3 months and 30 days?

IN THE HIGH COURT OF DELHI FAO (OS) 485-86/2011 Decided On: 07.11.2013 Delhi Development Authority Vs. Durga Construction Co. Hon’ble Judges/Coram: Badar Durrez Ahmed and Vibhu Bakhru, JJ. Author: Vibhu Bakhru, J. Citation: MANU/DE/4933/2013 1. The appellant has preferred the present appeal impugning the order dated…

Taking care of hospitalised wife and minor children held sufficient ground for grant of parole: Del HC

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 31.10.2018 W.P.(CRL) 3239/2018 RAJ KUMAR @ RAJA ….. Petitioner versus STATE ( GOVT OF NCT OF DELHI) ….. Respondent Advocates who appeared in this case: For the Petitioner : Mr. Anurag Jain with…

Vague allegations U/S 498A IPC regarding harassment Prima Facie do not constitute offence

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.1487 OF 2022 ORDER:- This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioners on bail in the event of their arrest. The petitioners are A-2 and…

SC: Courts should not grant adjournments mechanically and in a routine manner

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When there is a Genuine settlement of matrimonial disputes Section 498A IPC should not be maintainable

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2 OF 2022 (ARISING OUT OF SLP (CRL.) NO.6840 OF 2021) RAJENDRA BHAGAT …. APPELLANT VERSUS STATE OF JHARKHAND & ANR. ….RESPONDENTS O R D E R 1. Leave granted. 2. This appeal is…

SC: Summoning and detaining a person without there being any crime registered against him illegal

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1003 OF 2021 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 10427/2019) M.A KHALIQ & ORS. Appellant(s) VERSUS ASHOK KUMAR & ANR. Respondent(s) O R D E R Leave granted. This appeal challenges the…

A Preliminary inquiry is to be conducted amongst others, before FIR filed in the cases of Family or matrimonial disputes

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) no.83/2020 Reserved on: 05.08.2021 Pronounced on: 25 .08.2021 Syed Rafie ul Akmal Andrabi …….Petitioner(s) Through: Mr Tasaduq H. Khawja,Advocate and Mr H.Suhail Ishtiaq,Advocate Versus Irshad Ahmad Kamili and others……Respondent(s) Through: Mr Naveed Gul, Advocate…

FIR Quashed – Delay in FIR, Section 498a IPC filed after HMA 13a as counter blast

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Criminal Revision No.521/2021 Abhishek Pandey @ Ramji Pandey and others Versus State of Madhya Pradesh and Others Date of Order 18/08/2021 Bench Constituted Single Bench Order delivered by Hon’ble Mr. Justice Sanjay Dwivedi Whether approved for…

SC: Family Court cannot try Criminal cases under IPC

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION NO. 916/2021 IN TRANSFER PETITION(CRL.) NO. 296/2017 SUNITA MANOJ SINH Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) O R D E R By the order dated 24.03.2021, the above Transfer Petition was…

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