Constitution of India, 1950, Article 22(1), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 48 -- Grounds of arrest - (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC (BNS) - (ii) Grounds of arrest must be communicated in writing to arrestee in the language he/she..........
Indian Penal Code, 1860, Section 412 -- Offence u/s 412 IPC - FIR lodged against arrested co-accused and 7-8 unknown dacoits who were caught hold by villagers at the spot, after about 7 hours of incident without any explanation wherein police reached the place of incident immediately - Appellant was arrested after 9 days of incident and recovery which was allegedly made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petitioner seeking transfer of a case from one Court to other does not have to establish actual bias, what is required is that petitioner seeking transfer must have a reasonable apprehension of bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when Constitutional Court is convinced that integrity of process has been compromised or has reasons to believe that it may get compromised to a degree that shakes conscience of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife asserted that she was forcibly thrown out of house though she was pregnant and was being continuously subjected to cruelty on account of demand of dowry and was being compelled to do household work unabatedly - However, no police report or complaint was made by wife regarding demand of dowry,..........
Indian Penal Code, 1860, Section 302, 304B, 498A, 201 -- Murder - Circumstantial evidence - Allegation against father-in-law - Conviction upheld for following reasons: (i) unnatural death of deceased which was not accidental but homicidal as established from medical evidence; (ii) death occurred inside the house occupied by accused which was under his control; (iii) FIR..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Determination of income of husband - Where income is not fully disclosed or documentary proof is incomplete, Courts are not expected to adopt a purely arithmetical method but may apply reasonable inference based on overall standard of living, lifestyle and surrounding circumstances of..........
