Reduction in capacity to pay of the person liable to pay the maintenance is relevant factor while determining maintenance. A final decision shall be taken by the family court concerned as expeditiously as possible, preferably within six months from the date of communication of this order. [Uma Priyadarshini S. v. Suchith K. Nair, (2022) 5 SCC 659]
In this case, death of deceased was due to burning in her matrimonial home. Case was based on circumstantial evidence and involvement of husband and mother-in-law (both appellant-accused herein) of deceased was alleged. Conviction of appellants under Ss. 302/34 and 201 IPC was upheld by High Court. The doctor who performed the post mortem opined
Penal Code, 1860 — Ss. 302/34 and 201 Read More »
For determination of culpability of each accused there is necessity of parsing evidence carefully in respect of each accused. High court has unnecessarily given weightage to some minor contradictions, which are not material contradictions that can affect the case of prosecution as a whole. The presence of injured witness ought not to have been doubted
Penal Code, 1860 — Ss. 302 and 148 — Large number of accused involved Read More »
Modification of consent judgment/decree is not permissible when not vitiated by fraud, misrepresentation or a patent or obvious mistake. Application seeking modification of consent judgment/decree filed under S. 152 must be dismissed, even on considering such application as one under proviso to Or. 23 R. 3 r/w S. 151, when it did not meet the
Civil Procedure Code, 1908 — Or. 23 R. 3 — Modification of consent judgment/decree Read More »
In this case, transfer petition by wife from one State to another where she was residing with her parents was allowed. Husband had not appeared in spite of notice and had not contested transfer petition. Respondent husband was held entitled to seek modification/recall of transfer order within a period of three months if it is
Civil Procedure Code, 1908 — S. 25 Read More »
Delay in informing theft to insurer i.e. alleged violation of a condition of insurance contract in this regard is insufficient to deny claim of insured when FIR regarding theft lodged and also accused arrested and charge-sheeted i.e. when the claim is otherwise genuine and not disputed to be genuine by insurer. Held, insurer could not
Insurance — General Insurance — Theft, Burglary and Property Loss Insurance Read More »
While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to defend is to be granted only in exceptional cases or only in cases where defence would appear to be a meritorious one. On the issue
Grant of bail under S. 439 though being a discretionary order, but, however, calls for exercise of such a discretion in a judicious manner and not as a matter of course and, thus, order for bail bereft of any cogent reason cannot be sustained. Therefore, prima facie conclusion must be supported by reasons and must
Power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of rare cases and it is not justified for Court in embarking upon enquiry as to reliability or genuineness or otherwise of allegations made in FIR or complaint. Inherent powers do not confer any arbitrary jurisdiction
In this case, second appeal was filed against dismissal of first appeal for default on ground of delay, without any decision on merits in such first appeal. Only permissible course before High Court, held, was to consider validity of such first appellate order. High Court in second appeal, held, erred in treating the matter as
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