A. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Code of Criminal Procedure, 1973—Section 378(4)—Dishonour of cheque—Appeal against acquittal—Financial capacity—Rebuttal of presumption—Held: Though execution of cheque raises statutory presumptions in favour of complainant, same are rebuttable—In present case, accused successfully rebutted presumption by producing credible evidence showing complainant’s limited financial capacity (including election affidavits and BPL status)—Complainant failed to prove source of funds or establish advancement of ₹20,00,000/-—Foundational agreement not proved and material witnesses not examined—Legally enforceable debt not established—Acquittal justified. Negotiable Instruments Act, 1881—Sections 118...

Hindu Marriage Act, 1955—Section 24—Pendente lite maintenance—Wife earning Rs. 20 lakhs annually and having no dependent child or additional responsibilities—Husband earning Rs. 30 lakhs annually—Held, in absence of substantial financial disparity or dependency, wife not entitled to pendente lite maintenance. [Paras 3–9] ...

A. Code of Criminal Procedure, 1973—Section 372 (Proviso), Section 2(wa), Section 378(4)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413, Section 2(y)—Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Complainant as “victim”—Maintainability—Held: Complainant in cheque dishonour case is a “victim” as he suffers pecuniary loss—Such complainant has a statutory right to prefer appeal against acquittal under proviso to S. 372 CrPC / S. 413 BNSS—He is not required to seek special leave under S. 378(4) CrPC if proceeding as a victim—Right of appeal is substantive and independent. B. Code of Criminal Procedure, 1973—Section 372 (Proviso)—Forum and remedy—Held: Where complainant files appeal in incorrect for...

A. Code of Civil Procedure, 1908—Section 24—Transfer of matrimonial proceedings—Convenience of wife—Mere inconvenience or distance is not a decisive ground for transfer—Court must consider overall facts including availability of video conferencing, representation through counsel, and offer to bear travel expenses—Where husband agrees to pay travel and lodging expenses and proceedings can be effectively conducted at original place, transfer not warranted—Wife not required to appear on every date and can seek exemption. [Paras 6, 14, 15] B. Hindu Marriage Act, 1955—Section 9; Code of Criminal Procedure, 1973—Section 125 / BNSS—Section 144—Transfer petition—Multiple proceedings at different places—Proceedings for restitution of conjugal rights, criminal cas...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 439—Bharatiya Nyaya Sanhita, 2023—Sections 80, 103(1)—Bail—Dowry death—Cancellation—In serious offences like dowry death, grant of bail requires careful judicial scrutiny—Mechanical or cryptic orders granting bail without considering gravity of offence and material evidence are unsustainable—Superior Courts justified in setting aside such bail orders—Accused directed to surrender. [Paras 12, 19] B. Bharatiya Sakshya Adhiniyam, 2023—Section 114—Presumption—Dowry death—Where death of married woman occurs within short period of marriage in suspicious circumstances, statutory presumption operates against accused—Courts must consider such presumption while deciding bail—Failure to consider ...

Hindu Marriage Act, 1955—Section 13(1)(i-a)—Family Courts Act, 1984—Section 19— Divorce—Mental cruelty—Petition of husband is allowed—False allegations against husband and in-laws—Failure to prove—Decree upheld—Where the wife levelled serious allegations of immoral conduct against the father-in-law and dowry demand against the husband and his family, but failed to substantiate the same by cogent and independent evidence and did not examine material witnesses, such allegations remained unproved—Making reckless and unsubstantiated accusations, including initiation of criminal proceedings, amounted to mental cruelty and tarnished the reputation of the husband and his family—The allegation of outraging modesty against the father-in-law remained unproved even as per her ow...

A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Victim—Right to appeal—Complainant in cheque dishonour case is also a “victim” and entitled to file appeal against acquittal under proviso to Section 372 CrPC as a matter of right—Such right is independent and not subject to requirement of obtaining special leave under Section 378(4) CrPC—Victim’s right to appeal must be given full effect in line with legislative intent. [Paras 2, 4] B. Code of Criminal Procedure, 1973—Sections 372 proviso, 378(4)—Maintainability—Choice of remedy—Where complainant is also a victim, he may choose to proceed either un...

A. Contempt of Court—Wilful Disobedience—For a contempt petition to succeed, it must be shown that there was wilful and deliberate disobedience of a court order—If the original order is ambiguous or does not specifically address a matter, the proper recourse is to seek clarification from the issuing court rather than initiate contempt proceedings. [Para 10] B. Contempt of Court—Consequential Benefits vs. Back Wages—An order granting promotion with “all consequential benefits” does not automatically include back wages unless explicitly mentioned—The principle of “no work, no pay” applies, and back wages are not considered implicit in the phrase “consequential benefits.” [Paras 11, 13] C. Service Law—Retrospective Promotion and Entitlement—Even where a...

A. Criminal Procedure Code, 1973—Section 319—Power to Proceed Against Additional Accused—A court may summon a person not already facing trial to be tried together with the existing accused if evidence recorded during the trial indicates their involvement in the commission of the offence—The power under Section 319 can be exercised only on the basis of evidence adduced before the trial court, and not merely on the basis of materials such as the charge sheet, case diary, or statements collected during investigation, which do not constitute evidence. [Para 6(19.2)] B. Criminal Procedure Code, 1973—Section 319—Scope of Application—The exercise of power under Section 319 is not dependent upon whether the person sought to be summoned was named in the FIR or charge-sheeted by the police—Any pers...

A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 50—Compliance Regarding Personal Search—No questions regarding violation of Section 50 were raised at trial or in appeal; objection rejected—Section 50 applies only to personal searches, not to vehicles; contraband recovered from truck body, not personal search. [Paras 21–23] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52-A—Procedure and Evidence—Significant procedural lapses noted: undated disposal applications, unexhibited photographs, faulty sampling from only one sack, absence of Rojnamcha Sanha—Non-compliance casts doubt on fairness of investigation and Magistrate’s role. [Paras 38–40] C. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52-A—Supreme Court P...