A. Hindu Adoptions and Maintenance Act,1956—Section 10(iv)—Adoption—Age of Adopted Person—Registered Deed of Adoption—Prior Adoption— For determining the validity of adoption under Section 10(iv), the relevant consideration is whether the person had completed fifteen years at the time when the adoption was actually made—the factum of adoption is completed by actual giving and taking of the child in adoption and a subsequently registered deed is not necessarily the moment of adoption but may merely record or evidence an adoption already made—where affidavits and other materials established the adoption and assumption of the relationship while the petitioner was below fifteen years of age, rejection of compassionate appointment solely on the basis of his age on the date of the subsequent regis...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Mental Cruelty—Cumulative Effect of Conduct—Prolonged Separation— Mental cruelty has to be determined from the cumulative effect of the conduct of the parties, the duration and nature of the matrimonial relationship, the circumstances leading to separation and the overall effect on the matrimonial bond; isolated trivial irritations, ordinary wear and tear or individual incidents cannot by themselves constitute cruelty—Where persistent matrimonial discord, conduct causing mental anguish and prolonged separation establish that the parties cannot reasonably be expected to resume normal matrimonial life, the ground of cruelty under Section 13(1)(ia) stands made out. [Paras 19–25, 27–29] B. Hindu Marriage Act, 1955—Section 25&md...

Indian Penal Code, 1860—Sections 420, 120-B, 34—Negotiable Instruments Act, 1881—Section 138—Quashing of criminal proceedings—Commercial/contractual dispute— Complaint alleging misuse of blank security cheques, exorbitant interest and cheating arose out of loan transactions between finance company and borrowers—Dispute essentially related to non-fulfilment of contractual terms and recovery of outstanding loan dues—In absence of dishonest or fraudulent intention from inception, mere breach of contract does not constitute offence of cheating under Section 420 IPC—Criminal proceedings instituted as a counterblast to proceedings under Section 138 of the NI Act held to be an abuse of process of Court—Relying upon Indian Oil Corpn. v. NEPC India Ltd., (2006) 6 SCC 736 and Vesa Holdings...

A. Indian Penal Code, 1860—Sections 120B, 420 and 406—Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 482—Quashing of cognizance—Held: Where the allegations against the petitioner merely disclosed that the disputed transaction took place at his residence and no material indicated his participation in the alleged conspiracy, cheating, criminal breach of trust or issuance of the dishonoured cheque, the essential ingredients of the alleged offences were absent. A cognizance order passed without assigning reasons or demonstrating due application of judicial mind cannot be sustained. In the absence of a prima facie case, continuation of the criminal proceedings would amount to abuse of the process of Court and the cognizance order together with all consequential proce...

A. Indian Penal Code, 1860—Section 302 read with Section 34—Arms Act, 1959—Section 27—Code of Criminal Procedure, 1973—Section 313—Appreciation of evidence—Related witnesses—Conviction can be sustained on the basis of testimony of related witnesses if found reliable and trustworthy—Mere absence of independent witnesses is not fatal—Minor contradictions regarding place or manner of presence of witnesses do not affect core prosecution case—Interested witnesses cannot be discarded solely on ground of relationship. [Paras 46, 53, 65] B. Code of Criminal Procedure, 1973—Sections 174, 154, 156—Investigation—Inquest—Commencement prior to FIR—Proceedings under Section 174 CrPC (inquest) are distinct from investigation of cognizable offence&mdas...

Penal Code, 1860—Sections 302, 307, 120-B r/w Section 34—Arms Act, 1959—Section 27—Cr.P.C., 1973—Section 372—Murder—Appeal against acquittal—Interested witnesses—Absence of independent corroboration—Defective investigation—Inquest report not proved—Dismissal of appeal— First informant materially changed his version during trial and was unable to explain crucial facts relating to the occurrence, rendering him not a wholly reliable witness—His testimony, in absence of independent corroboration, was unsafe to form the sole basis of conviction—All prosecution witnesses were close relatives of the informant and deceased and were admittedly interested witnesses owing to an existing land dispute between the parties—Despite availability of independent ...

A. Civil Procedure (Mediation) Rules—Validity & Maintainability—Challenge to the Civil Procedure (Mediation) (Amendment) Rules, 2019 (Bihar) and related reliefs (fees, restructuring, administrative control, etc.) was rejected on the ground of non-impleadment of necessary parties—Petitioners failed to implead newly appointed mediators whose rights would be directly affected—The Court held that a writ under Article 226 cannot be adjudicated in the absence of such vitally affected persons—Petition dismissed. B. Natural Justice—Audi Alteram Partem—The Court reaffirmed the fundamental principle that no adverse order can be passed against a person without hearing them—Deciding a writ petition in the absence of necessary and affected parties amounts to violation of principles of natural just...

A. CrPC, 1973—Section 482—Quashing of Criminal Proceedings—High Court may exercise inherent powers to quash criminal proceedings arising from matrimonial disputes, even if offences are non-compoundable, where parties have genuinely and voluntarily settled the matter, the dispute is predominantly private, and continuation would amount to abuse of process. B. IPC, 1860 & Dowry Prohibition Act, 1961—Sections 498A, 323, 504/34 & Sections 3, 4—Where a matrimonial dispute has been amicably settled, and key accused (husband and father-in-law) have died, continuation of proceedings against remaining family members serves no purpose and constitutes abuse of judicial process. C. Criminal Law—Abuse of Process in Matrimonial Disputes—Continuing criminal proceedings after genuine settlement, part...

Penal Code, 1860 & Dowry Prohibition Act, 1961—Section 498A IPC, Sections 3 & 4 Dowry Prohibition Act—Quashing of Proceedings—Proceedings under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act can be quashed where allegations are general, omnibus, or fail to make out a prima facie case, particularly against aged parents residing separately abroad (Paras 20–22)—Under Section 482 CrPC, courts may intervene to prevent abuse of process, especially in matrimonial disputes involving prior divorce by mutual consent, delays in FIR filing, or prior litigation between parties (Paras 13–18)—While divorce does not automatically extinguish criminal liability for acts during marriage, it is relevant for assessing the viability of prosecution (Paras 9, 11)—Allegations of cruelty...

A. Hindu Marriage Act, 1955—Section 13(1)(ib) & Section 13(1)(ia)—Divorce—Desertion and cruelty—Desertion requires factum of separation and animus deserendi for continuous statutory period—Long separation, refusal to cohabit, neglect and breakdown of marital relationship amount to cruelty—Irretrievable breakdown and prolonged separation justify dissolution—Ex parte decree upheld where evidence proves cruelty and desertion. [Paras 18 to 20, 23 and 24] B. Family Courts Act, 1984—Section 19—Appeal against ex parte divorce decree—Scope of interference—Appellate interference limited to cases of illegality, perversity or procedural irregularity—Proper service of summons and sufficient opportunity to contest—Non-appearance of husband justified ex parte proc...