Economically Independent Wife Can Claim Maintenance Under Section 125 CrPC: Allahabad High Court

The Allahabad High Court, while hearing a criminal revision petition in a matter relating to maintenance under Section 125 Cr.P.C., has clarified that merely because a wife is educated cannot be a ground to deny her maintenance. The Court pointed out that, “The Court is unable to accept the submission that mere employment or earning … Read more

Anticipatory Bail Once Granted Does Not Automatically Expire Upon Filing of Charge-Sheet: Supreme Court

The Supreme Court in dowry death-related matter observed that once an anticipatory bail is granted, then it will continue without fixed expiry. The mere filing of a charge-sheet, the taking of cognizance, or the issuance of summons shall not, by itself, operate to terminate the protection granted, unless specific reasons are duly recorded. The above … Read more

Criminal Contempt: Court Directs Contempt Action Against Advocate for Objectionable Remarks During Hearing: Allahabad High Court

The Allahabad High Court directed that contempt action be initiated against an advocate who made remarks against the dignity of the Court during the hearing of a criminal bail application. According to the case, while considering a bail application in a criminal matter, the Court found that the injured person had sustained a gunshot wound … Read more

Framing of Charges Without Considering Final Report Is Illegal: Allahabad High Court

The Allahabad High Court has held that a trial court cannot ignore a final report submitted after further investigation while proceeding to frame charges. The Court observed that if cognizance has already been taken on an initial charge sheet and the police subsequently file a final report upon further investigation, the trial court is duty-bound … Read more

Judge Refused to Hear Matter, After Supreme Court’s Criticism of Bail Order: Allahabad High Court

The Allahabad High Court (Lucknow Bench) while hearing the second bail application of the petitioner observed that it is well known that no judge can claim that his order has never been set aside or interfered with and on perusal of judgment the bail order was required to be interfere. The said observation was given … Read more

Mere Prior Complaint by Accused Against Complainant Not Per Se Vexatious; Upholds Continuation of Trial: Calcutta High Court

The Calcutta High Court while hearing the Criminal Revision found that the mere filing of a complaint by the instant petitioner against the de-facto complainant prior to her complaint cannot, by itself, be treated as vexatious or as constituting an abuse of the process of law if the trial is allowed to proceed in the … Read more

Summoning Order Passed Without Hearing the Party, Unconstitutional; Court Seeks Explanation from Judge: Allahabad High Court

  The Allahabad High Court has taken serious note of a summoning order passed by the Special Judge (SC/ST Act), Bhadohi, observing that the accused was not granted an opportunity of hearing as required under the relevant provisions of Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the records, and observed that, “it appears that … Read more

Disability Pension Is a Vested Right, Not a Bounty; Grants Full Arrears to Ex-Servicemen: Supreme Court

In one of the matter which has been related to arrears of disability pension, the Supreme Court observed that original applications as filed by the ex-servicemen didn’t suffer from any delay thereby Appellant (Union of India) disentitled the respondents from claiming the statutory relief. The said order has been passed by the Division Bench of … Read more

Strong Objection Raised to Mention of Caste and Religion in Records of Minors in Rajkiya Balgrih: Allahabad High Court

The Allahabad High Court has expressed serious concern over the mention of caste and religion in the records of minors placed in Rajkiya Balgrih (Balika). During hearings held on different dates, the Court questioned whether it was necessary for counsellors and the office of the District Probation Officer to record details relating to caste and … Read more

A Judicial Rap on the Knuckles: Supreme Court Reins in Executive Overreach in Criminal Probes

About the Contributor: Gurmeet Singh Jaggi | Legal Contract Lifecycle Management Professional A specialist in the architecture of complex commercial frameworks, Gurmeet Singh Jaggi brings over five years of post-qualification expertise to the field of Legal Contract Lifecycle Management. His practice is centred on the meticulous drafting and negotiation of instruments that define modern commerce, … Read more