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The State Authority has to protect the parties but if actual possession is there they cannot be dispossessed by proceeding under Sections 164/165 BNSS except in accordance with law by the order of Court.
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“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”
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The Court stated that an interim order is ordinarily passed where there is an immediate threat to life and the applicant lacks any means of support except the interim relief sought.
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“It is well settled that, in case of conflict between form and substance, substance must prevail, unless the law expressly mandates strict adherence to the form as well.”
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“The respondents are directed to conduct enquiry independently in this regard and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution.”
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“While adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.”
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“Section 6 of the Act does not bar any class of persons from approaching the Court; rather, it operates in the context of recognising certain categories of guardians. The Act nowhere provides that persons professing Muslim law are precluded from seeking relief under it.”
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In cases of mixed material, only the actual content of the flowering or fruiting tops is relevant for determining the quantity of ganja, and not the entire bulk weight.
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“In the present case, the absence of documentary proof establishing the seizure and custody of the alleged forensic article creates a reasonable doubt as to the authorship of the sexual act.”
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The Woman informed the Court that she was a major and was living with Respondent 4 by choice as her husband was much older and ill-treated her.
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The High Court noted that to attract Section 306 IPC, suicide must be a direct consequence of instigation by the accused.
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The Court must examine whether the petition, even if taken as unopposed and all averments are accepted as true, would entitle the petitioner to a favourable verdict; if not, it discloses no cause of action.
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The publication of the newspaper is a coordinated and layered process involving editing, designing, visual creation and compilation.
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“While considering an application for condonation of delay, the party seeking such indulgence is required to place before the Court a cogent and satisfactory explanation covering the entire period of delay, preferably explaining the delay day-to-day or at least stage-wise.”
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“An order which is bad in the beginning, cannot be validated by any additional ground brought out later. The appellants cannot be allowed to raise a completely new ground to justify their action.”
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“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
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“A second marriage contracted by a Muslim male during the lifetime of his first wife is not treated as void merely on the ground that the first marriage is still subsisting.”
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“The allegations are very serious in nature and disclose a very chilling trend in society, where the common man has developed a perception that anything can be done by the payment of a bribe.”
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“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”
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The host and owner of the InControversial podcast had filed a petition for quashing of proceedings under a criminal defamation complaint.
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