Recovery of Excess Payments – employer /employee
The Supreme Court held that excess payments made to an employee, without any misrepresentation or fraud on their part, cannot be recovered by an employer. The Court also quashed recovery…
Default Bail under Section 167(2) of CrPC
The Supreme Court clarified that 90-day default bail under Section 167(2)(a)(i) of the Code of Criminal Procedure, 1973 applies only to offences with a minimum punishment of 10 years. The…
Charge for Murder and Homicide-Indian Penal Code, 1860.
The Supreme Court held that the intention to cause death was essential for conviction for murder under Section 302 of the Indian Penal Code, 1860. An elderly man was killed and…
Determination of Compensation u/s 168 of Motor Vehicles Act, 1988
Principles re-clarified relating to determination of compensation in case of death of homemaker in a car accident, Recognizing the Unseen [Arvind Kumar Pandey v. Girish Pandey, (2025) 2 SCC…
Abetment of suicide- Penal Code, 1860
Mere harassment, by itself, not sufficient to establish abetment of suicide S. 306 r/w Ss. 107 and 114, [Jayedeepsinh Pravinsinh Chavda v. State of Gujarat, (2025) 2 SCC 116]… CaseComment…
Impleadment of Civil Authority or Registration Officer for Bail applications filed by foreign nationals —under Ss. 437 and 439 of the Foreigners Act, 1946- CrPC
There is no need to implead them in bail applications filed by foreign nationals. There is no propriety in issuing a direction that either Civil Authority or Registration Officer should…
S. 125(4) — Disqualification relating to non-entitlement of wife to maintenance on her refusal to live with her husband without any sufficient reason- CrPC
Mere passing of a decree for restitution of conjugal rights at the husband’s behest coupled with non-compliance with that decree by wife, held, would not by itself be sufficient to…
Scope of Jurisdiction of Family Court for Grant of maintenance to Divorced Muslim women U/S. 125 – Criminal Procedure Code, 1973
Issue relating to whether Family Court has jurisdiction to try application filed by a divorced Muslim woman for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986…
Applicability of S. 125 – Right to maintenance thereunder, of a divorced Muslim woman, despite enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986 -Criminal Procedure Code, 1973
Effect of non obstante clause occurring in the 1986 Act: A divorced Muslim woman can maintain a petition under S. 125 CrPC, despite enactment of the 1986 Act. Non obstante…
Identity of appellant S. 302 r/w Ss. 34, 449, 404 and 201-Penal Code, 1860
Conviction reversed due to non-holding of TI parade along with absence of motive and any connection with recovered articles, On facts, in a brutal murder of a teenager girl allegedly…