Digest Of Supreme Court Cases

Maintenance Despite Restitution of Conjugal Rights-section 125 CrPC

The Supreme Court held that a restitution of conjugal rights decree does not absolve a husband from paying maintenance under Section 125 of the Code of Criminal Procedure (CrPC), if the wife has valid reasons to live separately.  Rina Kumari married Dinesh Kumar Mahto in 2014 but left in 2015, citing cruelty, dowry demands and lack of basic amenities. […]

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Supreme Court’s power to expand the scope of appeal under Article 142-IPC- Prevention of corruption Act

The Supreme Court held that it is not bound to limit its scope while hearing an appeal. It may expand the merits of the case if required, under its power to do “complete justice” under Article 142. The Court was hearing an appeal filed by Biswajit Das, a Development Officer of Life Insurance Corporation of India,

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Transfer of prisoner on grounds of security—valid—administrative decision—Prisoners Act 1900

The Supreme Court held that the transfer of a prisoner from one jail to another is an administrative decision. Therefore, Courts must interfere in the matter sparingly. A decision to transfer a prisoner is not arbitrary if a profound rationale supports it. The respondent, Vikash Tiwary, a gangster, was serving life imprisonment at Lok Nayak

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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 and whether Family Court can convert the petition for maintenance under S. 125 CrPC to one under S. 3 or S. 4 of the 1986

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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 attract aforesaid disqualification under S. 125(4) CrPC,  [Rina Kumari v. Dinesh Kumar Mahto, (2025) 3 SCC 33]   Case comment  Will a husband, who secures

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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 be made a party to a bail application filed by a foreigner or a notice of bail application be issued to said authorities,  [Frank Vitus

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 Read More »

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