Search Results for "Section 440 CrPC"

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Supreme Court Quashes FIR in Fraud Case Due to Non-Exhaustion of Alternative Remedies. High Court's Direction to Register FIR Without Prior Recourse to Statutory Remedies Held Illegal Under Article 226 of the Constitution of India.

The Supreme Court considered appeals against an interim order of the Bombay High Court directing police to record the statement of the Director of the...

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Supreme Court Dissolves Marriage Under Article 142 in Transfer Petition Due to Irretrievable Breakdown and Allows Transfer of Proceedings

The marriage between the parties, solemnised in 2012, survived only for a brief period, after which they began living separately. For more than thirte...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Supreme Court Allows Appeal Against Extradition Order in Matrimonial Dispute, Dissolves Marriage on Ground of Irretrievable Breakdown Under Article 142 of the Constitution of India. Court Quashes Multiple Criminal Proceedings Filed by Wife Against Husband and In-Laws as Abuse of Process of Law.

The Supreme Court allowed an appeal against the judgment of the Calcutta High Court which had affirmed a trial court order directing extradition of th...

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Bombay High Court Allows Relaxation of Anticipatory Bail Condition in Cheating Case Due to Petitioner's Inability to Pay. Condition of deposit of 50% of alleged amount under Section 438 CrPC held onerous and relaxed under Section 440 CrPC for daily wage earner.

The petitioner, Abhishek s/o Ashok Malve, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...