The grounds of arrest must be conveyed in writing, in a language the arrestee understands, and supplied no later than two hours before first remand; non-compliance vitiates the arrest and subsequent custody
| Posted on: November 7, 2025 |
Author: Staff
Reaffirming the Scope of Section 156(3) CrPC: The Supreme Court’s Decision in Sadiq B. Hanchinmani v. State of Karnataka (2025 INSC 1282)
Magistrates need not conduct mini-trials at the stage of Section 156(3). Once prima facie evidence indicates a cognizable offence, the matter must proceed to police investigation.
| Posted on: November 6, 2025 |
Judicial Duty in Ex Parte Matrimonial Proceedings: A Note on Riya Suralkar v. Rahul Suralkar
Reasoned adjudication is indispensable, even where one party defaults, strengthens the procedural safeguards inherent in matrimonial litigation
| Posted on: November 5, 2025 |
Unfounded Allegations of Alcoholism as Mental Cruelty: A Decisive Factor in Dissolving Marriage
Wife’s implacable attitude, which involved making unfounded allegations while simultaneously not being interested in resuming marital ties but also contesting the divorce, was itself a facet of cruelty. A wife’s desire to live with a husband, despite making serious allegations, was considered a resolution to make his life “further miserable”
| Posted on: October 27, 2025 |
Quasi-judicial authorities must not blindly rely on AI-generated or system-sourced results without human verification: Bombay High Court
The Court can exercise its writ jurisdiction despite the availability of an alternate appellate remedy. Reliance on AI-generated or unverified legal references invalidates the assessment proceedings.
| Posted on: October 27, 2025 |
Under Section 50 of the Motor Vehicles Act, 1988, until the transfer of ownership is recorded by the registering authority, the registered owner remains liable for accidents
FIR and investigation reports, if undisputed and corroborated by evidence, can be relied upon to establish rash and negligent driving. Under Section 50 of the Motor Vehicles Act, 1988, until the transfer of ownership is recorded by the registering authority, the registered owner remains liable for accidents. The insurance company is bound to indemnify the insured unless there is clear proof of policy breach
| Posted on: October 23, 2025 |
Delhi High Court issues directions to ensure fair and transparent decision-making in parole/furlough cases
Competent authorities must record specific reasons for rejection, including date and nature of any misconduct. Distinguish between major and minor punishments, ensuring compliance with procedural approvals. Consider entire jail conduct history, including prior furlough/parole compliance, before deciding.
| Posted on: October 20, 2025 |
Wife entitled to 50% share in the sale proceeds of the jointly held property, despite husband having paid the entire purchase consideration: Delhi High Court
Though husband paid EMIs, property could not be treated as stridhan but was a joint acquisition. Flat was registered jointly, Under Section 4, Benami Act, husband cannot claim exclusive ownership. Wife entitled to 50% share of proceeds.
| Posted on: October 3, 2025 |
Supreme Court quashes FIR alleging rape on pretext of marriage as it appeared to be mala fide
FIR alleging rape on the pretext of marriage should be quashed under Section 528 BNSS (equivalent to Section 482 CrPC) because the circumstances indicated that the criminal proceedings were mala fide and instituted for vengeance.
| Posted on: October 2, 2025 |
Maintenance petition is maintainable even after a wife has relinquished all claims in a full and final settlement at the time of divorce: Delhi High Court
Even where a wife has accepted a full and final settlement at the time of divorce, such settlement cannot bar the independent and statutory right of a minor child to claim maintenance from the father.
| Posted on: October 1, 2025 |