A. Indian Penal Code, 1860—Section 306—Abetment of Suicide—Marital Cruelty—Proximate Cause—Cumulative Circumstances— Conviction under Section 306 IPC can be sustained where the conduct of the accused and circumstances preceding suicide establish abetment having a proximate causal connection with the deceased taking the extreme step—Relationship with another woman, quarrels, neglect, disappearance of the accused and resultant mental agony were required to be considered cumulatively—Where such circumstances, read with suicide note and oral evidence, established the accused’s conduct as the proximate cause, conviction was upheld. [Paras 14–18]. B. Indian Penal Code, 1860—Section 306—Abetment of Suicide—Suicide Note—Evidentiary Value—Delayed Forwardin...

A. Indian Evidence Act, 1872—Sections 65A and 65B—Information Technology Act, 2000—Section 2(1)(t)—Electronic evidence—Nature and proof of a social media post/tweet—Held, a tweet is an electronic document within the meaning of Section 2(1)(t) of I.T. Act—Its contents and authorship must be proved in accordance with Sections 65A and 65B of Evidence Act—Sections 65A and 65B constitute a complete code for proving electronic records—Therefore, secondary evidence of a digital record cannot be admitted by bypassing their requirements—The ordinary provisions relating to secondary evidence under Sections 63 and 65 of the Evidence Act cannot be invoked in place of the special procedure prescribed for electronic records. [Paras 18, 25] B. Indian Evidence Act, 1872—Sections 65B&mda...

A. Hindu Marriage Act, 1955—Section 13—Foreign Divorce Decree—Recognition—Ground of Irretrievable Breakdown of Marriage—Matrimonial Law Governing Parties— Where the marriage was solemnised and registered under the Hindu Marriage Act and the wife had not submitted to the jurisdiction of the foreign court, a foreign divorce decree granted on the ground of “irretrievable breakdown”, which was not a ground available under Section 13 of the Hindu Marriage Act, was not binding on the wife and was held invalid—The foreign court’s jurisdiction and the ground on which matrimonial relief is granted must ordinarily conform to the matrimonial law governing the parties. [Paras 8, 10–12] B. Civil Procedure—Anti-Suit Injunction—Foreign Matrimonial Proceedings—Interloc...

A. Code of Criminal Procedure, 1973—Section 329—Unsoundness of Mind—Accused—Medical Examination—Trial— Mere production of a medical certificate showing dementia or neurological disability does not by itself establish unsoundness of mind rendering the accused incapable of facing trial — Accused must be examined by the competent Medical Board regarding cognitive and mental capacity — Thereafter, the Trial Court has to determine whether the accused can comprehend the proceedings and enter upon his defence — If incapable, proceedings may be postponed or accused discharged in accordance with Section 329. [Paras 12–13, 17] B. Code of Criminal Procedure, 1973—Sections 313 and 329—Examination of Accused—Physical Inability—Video Conferencing—Advocate Commi...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Mental Cruelty—Long Separation—Irretrievable Breakdown— Long separation of more than 26 years, absence of cohabitation and complete breakdown of meaningful matrimonial relationship, coupled with no possibility of reconciliation or reunion, constitute mental cruelty. Where continuation of marriage serves no useful purpose and itself perpetuates cruelty, decree of divorce is justified. [Paras 5–7] B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Cruelty—Baseless Character Allegations—Matrimonial Obligations— Unfounded aspersions cast upon the character of the spouse, coupled with prolonged failure to contribute towards the education and marriage of the parties’ daughters, constitute relevant circu...

Hindu Marriage Act, 1955—Section 13—Divorce—Cruelty and Desertion: Matrimonial cruelty and desertion may be established on the preponderance of probabilities; failure of the respondent to contest proceedings or produce the best evidence warrants an adverse inference under Section 114(g) of the Indian Evidence Act, 1872. [Paras 10–13] ...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 438 & 442—Limitation Act, 1963—Section 5—Condonation of Delay—Delay of 225 days in filing criminal revision was not condoned as the explanation based on financial difficulties and family commitments lacked sufficient cause and bona fides. [Paras 11–13, 26] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 438 & 442—Maintenance—Quantum—Maintenance of Rs.10,000/- per month each to wife and minor child was upheld as reasonable and consistent with their needs and standard of living; no interference was warranted. [Paras 27–28] ...

A. Negotiable Instruments Act, 1881—Sections 138 and 147—Compounding of offence—Post-conviction settlement—Held: The non obstante clause in Section 147 confers overriding effect over the procedural restrictions contained in the Code of Criminal Procedure and permits compounding of an offence under Section 138 at any stage of the proceedings, including after dismissal of an appeal or during revision, where the parties have voluntarily settled the dispute and the complainant has received the entire cheque amount. In such circumstances, to secure the ends of justice and give primacy to the compensatory object of the enactment, the High Court may record the compromise, set aside the conviction and sentence, and acquit the accused on account of compounding. (Paras 23 to 50) B. Negotiable Instruments Act, 1881—S...

A. Prevention of Corruption Act, 1988—Sections 13(1)(e) & 13(2)—Disproportionate assets—Prosecution established that the public servant accumulated assets disproportionate to his known sources of income, including substantial properties purchased in the name of his wife during the check period—Wife's alleged independent income was insufficient to explain the acquisitions—Burden shifted to the accused to satisfactorily account for the assets, which they failed to do. B. Criminal Procedure Code, 1973—Section 374(2)—Appeal against conviction—Proceedings against the deceased public servant abated on his death—Appeal survived only at the instance of the co-accused wife, whose plea of independent income and divorce was not substantiated by convincing evidence. C. Evidence Act, ...

A. Negotiable Instruments Act, 1881—Sections 138 and 147—Compounding of offence—Post-conviction settlement—Held: By virtue of the overriding non obstante clause contained in Section 147, an offence under Section 138 remains compoundable at every stage of the proceedings, including after affirmation of conviction in appeal and during revision. Where the parties voluntarily settle their dispute through mediation and the complainant acknowledges receipt of the agreed amount in full and final settlement, the High Court may, to secure the ends of justice, record the settlement, set aside the conviction and sentence, and acquit the accused on account of compounding. (Paras 20 to 45) B. Negotiable Instruments Act, 1881—Sections 138 and 147—Compensatory nature of offence—Criminal Procedure Code, 1973&m...