Saikat Rahman

The High Court of Madhya Pradesh, Gwalior Bench recently said that the requirement of cooling period of six months between filing and allowing of an application under Section 13B(2) of the Hindu Marriage Act is directory and not mandatory.  The Court was dealing with a petition whereby the parties were challenging an order passed by […]

Bail – Post- Conviction bail- All persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail. Sonadhar v. Sate of Chhattishgarh 2. Code of Criminal Procedure, 1973; Section 309 – Bail- While it is expected of the court to comply

The accused is not expected to discharge an unduly high standard of proof – All which the accused needs to establish is a probable defence. As to whether a probable defence has been established is a matter to be decided on the facts of each case on the conspectus of evidence and circumstances that exist

Criminal Trial – The same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es). (Para 20) Mahendra Singh v. Sate of M.P., AIR 2022 SC 2631. Criminal Trial – Murder – Where, however, the only evidence against an accused person is the recovery of stolen

The Supreme Court ruled that, less valuation made in the claim petition would not be impediment to award just compensation exceeding the claimed amount.The bench of Justices Sanjiv Khanna and J.K. Maheshwari was dealing with the appeal challenging the judgement passed by the High Court contending that the High court erred in assessing the amount

In a significant judgement, the Supreme Court on Tuesday held that no offence for dishonor of cheque under section 138 of NI Act is made out if the cheque is presented for the full amount without endorsing the part-payment made by the borrower after the issuance of the cheque. The court held that the sum

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under section 306 of the Indian Penal Code. In cases of alleged abetment of suicide there must be proof of direct or

The Supreme Court observed that the inherent powers under section 482 Cr.P.C can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case.“The provisions of section 173(8) Cr.P.C do no limit or affect such powers of the High Court to pass an order under section 482 Cr.P.C for

Recently the Gauahti HC ruled that, if a customer discloses sensitive information resulting in a fraudulent transaction, Bank cannot held liable for loss, if any suffered by the customer. The bench of Justice Suman Shyam  was dealing with the petition challenging the order issued by the Ombudsman, Reserve bank of India, Guahati, rejecting the complaint

Recently, The Bombay HC ruled that FIR can be quashed in case of non-compoundable offence if it brings peace and secures ends of justice.The bench of justice Vibha Kankanwadi and Rajesh S. Patil was dealing with the application filed for quashing FIR registered for the offence punishable under section 498A, 323, 504, 506 r/w section