The Kerala High Court’s judgment in Crl. MC No. 9520 of 2024 (Ismail Valumathige v. Union Territory of Lakshadweep) emphasizes on liberal approach while issuing NOC for passport in Matrimonial Dispute. The court emphasizes on the importance of balancing the rights of the accused with the integrity of ongoing legal proceedings, especially in cases involving matrimonial disputes or trivial…
This case promotes fairness and integrity within the legal system by highlighting the importance of judicial scrutiny in safeguarding individuals from false accusations of 498a case. The Karnataka High Court recently took a strong stand against the misuse of dowry harassment laws in the case of C B Prakash vs. State of Karnataka. This judgment safeguards individuals from false…
कानून प्रवर्तन के क्षेत्र में, अधिकार और जवाबदेही के बीच नाजुक संतुलन सर्वोपरि है। भारतीय कानूनी प्रणाली के भीतर हाल के घटनाक्रम, विशेष रूप से भारतीय नागरिक सुरक्षा संहिता (बीएनएसएस) में धारा 172 की शुरूआत ने, संभावित दुरुपयोग को रोकने के लिए पुलिस शक्तियों की सीमा और सुरक्षा उपायों के बारे में चर्चा शुरू कर दी है। जब भारतीय…
In the realm of law enforcement, the delicate balance between authority and accountability is paramount. Recent developments within the Indian legal system, particularly the introduction of Section 172 in the Bharatiya Nagarik Suraksha Sanhita (BNSS), have sparked discussions surrounding the extent of police powers and the safeguards in place to prevent potential abuses. When comparing the Bharatiya Nagarik Suraksha…
Arrest in dowry harassment cases and affect of complying the Section 41 of Code of Criminal Procedure (Cr.P.C.) By following the procedure as in Section 41a of CrPC may protect from arrest in 498a cases. Section 41 of Code of Criminal Procedure (Cr.P.C.) talks about provisions and power of police officers to arrest a person accused without a warrant….
Presenting electronic evidence in court requires a certificate under Section 65B of the Indian Evidence Act. Section 65B of the Indian Evidence Act addresses the admissibility of electronic evidence in a court of law. Circumstances Requiring the Section 65B Certificate: A 65B certificate is mandatory under the Sec 65B of the Indian Evidence Act in situations where the evidence…
Thursday, the Single Judge Bench of Justice JR Midha has modified the affidavit formats to decide maintenance amount in matrimonial cases. The bench has also issued various directions to expedite the process. The bench also said that the affidavit will be submitted by parties simultaneously. The new format will be applied in the case, if the parties has not…
The Supreme Court explained the importance of the right of the accused to offer an explanation under Section 313 of the Code of Criminal Procedure (CrPC). Tuesday, the three-Judges bench of Justices NV Ramana, S Abdul Nazeer, and Surya Kant, in the matter of Parminder Kaur Vs State of Punjab, said ii valuable right of accused person to defend…
The division bench of Guwahati High Court while allowed the decree of divorce said refusal of wearing sindoor suffice refusal to continue conjugal life. The Bench added that, preventing husband from his legal duty to maintain aged parents is offence and may lead to punishment. In the case, where respondent wife alleged that her husband and other family members…
Arnesh Kumar case, a milestone due to various observations and guidelines issued by the Supreme Court over misuse of IPC Section 498A and arrest. Importantly it focused on the process and the justification for arrest and the need to stop automatic arrest. The bench in the matter observed the ‘IPC Section 498A as weapon rather than the shield.’ “The…
