Supreme Court lays down tests for quashing criminal proceedings under Section 482 CrPC

Courts must exercise caution in summoning on private complaints, especially in cases involving allegations of rape on a promise of marriage. Delay, vagueness, and lack of independent corroboration undermine the credibility of such complaints. Inherent powers under Section 482 CrPC must be exercised to prevent abuse of process when proceedings are manifestly frivolous or malicious.

Category: Criminal Law   Posted on: September 10, 2025

A marriage solemnized in India under the Hindu Marriage Act, 1955 (HMA) cannot be dissolved by a foreign court applying foreign law.

The Gujarat High Court held that a marriage solemnized in India under the Hindu Marriage Act (HMA) can only be dissolved in accordance with the provisions of the HMA, irrespective of subsequent acquisition of foreign citizenship or domicile. A foreign divorce decree based on grounds not recognized under Indian law (such as irretrievable breakdown) cannot be treated as conclusive under Section 13 CPC. Accordingly, the rejection of the wife’s suits under Order 7 Rule 11 CPC, one seeking restitution of conjugal rights and another challenging the validity of an Australian divorce decree, was set aside, affirming that matrimonial status must be adjudicated by Family Courts in India.

Category: Hindu Marriage Act   Posted on: September 8, 2025

Case Note: Natesan Ekambaram v. DCIT, Central Circle-1(2), Chennai

Urban agricultural land within statutory limits is taxable as a capital asset. Registered sale deed consideration prevails unless contrary evidence exists. Exemption under Section 54F cannot be denied on technicalities if substantive bank evidence supports construction investment. Mere assertion of ancestral origin is insufficient to establish co-ownership without documentary proof.

Category: Income Tax Act   Posted on: September 5, 2025

S. 138 N. I. Act: Civil recovery suits do not bar criminal prosecution for cheque dishonour

The Delhi High Court in Smt. Rama Oberoi v. State (NCT of Delhi) reaffirmed important principles governing cheque dishonour litigation under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). The Court clarified (i) the permissibility of pursuing concurrent civil and criminal remedies, (ii) computation of limitation under Section 138, and (iii) the limits of High Court’s jurisdiction to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)

Category: Criminal Law, Jurisprudence   Posted on: September 4, 2025

Dissolution of Marriage on Grounds of Irretrievable Breakdown: A Comment on A. Ranjithkumar v. E. Kavitha

The Supreme Court of India in A. Ranjithkumar v. E. Kavitha [1] reaffirmed its power to dissolve marriages on the ground of irretrievable breakdown, despite the absence of such a statutory provision in the Hindu Marriage Act, 1955. The Court invoked Article 142 of the Constitution to bring finality to a matrimonial dispute that had dragged on for more than a decade. The judgment is significant both for its equitable balancing of competing interests and for its reiteration of judicial creativity in family law.

Category: Hindu Marriage Act   Posted on: August 20, 2025