Landmark Judgments

Section 34 and Section 149 IPC are different. Section 34 requires a prior meeting of minds (pre-arranged plan) for commission of the act. Section 149 requires only that the person was a member of an unlawful assembly knowing its common object.

Muslim Women (Protection of Rights on Divorce) Act 1986 does not bar a Muslim divorced woman from claiming maintenance under Section 125 CrPC. The right to maintenance under Section 125 is a secular right applicable to all. Personal law cannot override CrPC provisions.

In cybercrime cases, jurisdiction is determined by where the effects of the offence are felt, not necessarily where the accused is located. Cyber Cell of the state where the victim resides has jurisdiction to investigate online harassment and cyberbullying.

Courts must not apply a blanket rule against bail in dowry death cases. The triple test for bail applies: flight risk, tampering with evidence, and propensity to repeat. Each case must be decided on its own facts after examining the specific circumstances.

Compensation under MACT must be just, fair and reasonable. Courts must award compensation that places the victim in the same financial position they would have been but for the accident. Multiplier method must be applied correctly.

Order under Section 156(3) CrPC directs police to register FIR and investigate. Magistrate cannot bypass registration of FIR while ordering investigation. Section 156(3) petition must be supported by an affidavit verifying material facts.

The right to marry is not a fundamental right guaranteed by the Constitution. Parliament is competent to decide whether to recognize same-sex marriage. Courts cannot read Special Marriage Act broadly to include same-sex couples; that is for the legislature.

Under Article 142, the Supreme Court can dissolve a marriage if it has irretrievably broken down and both spouses consent. The 6-month cooling period is not mandatory in such cases. Irretrievable breakdown is a substantive ground for divorce under the Constitution.

A preventive detention order must contain specific, individualized grounds that enable the detenu to make an effective representation. Stereotyped or non-specific grounds vitiate the detention. The detaining authority must apply its mind to each case independently.

Legal aid must be meaningful and effective, not merely a formality of appointing a lawyer. Incompetent legal aid violates Article 21. Legal services authorities must ensure quality of representation. Accused must be able to meaningfully participate in his defence.

A woman can file complaint under DV Act even after divorce for acts of violence during the subsistence of the domestic relationship. Protection under DV Act is not limited to current relationships. Past acts of domestic violence are actionable.

Once a joint petition for mutual consent divorce is filed and the statutory period passes, unilateral withdrawal of consent by one party can be inquired into. If the withdrawal is not bona fide, the court can proceed with dissolution. Irretrievable breakdown is relevant.

The 103rd Constitutional Amendment introducing 10% EWS reservation is constitutionally valid. Economic criteria can be the basis for affirmative action under Article 16(6). Exclusion of SC/ST/OBC from EWS reservation is valid as they already have separate reservation provisions.

Bail is the rule and jail is the exception at every stage of criminal proceedings. Courts must decide bail applications within reasonable time. Excessive conditions must not be imposed. Undertrial population must be reduced through effective bail jurisprudence.

Choice of partner is an intrinsic part of the right to life under Article 21 and freedom of expression under Article 19. State and society have no right to interfere in consensual adult relationships.

Summary trial under Section 143 NI Act does not dispense with the requirement of application of judicial mind. Even in summary trial, the Magistrate must consider evidence and give reasoned judgment. Conviction cannot be mechanical.

Multiple FIRs arising from a common cause of action relating to the same allegation constitute abuse of the process. Personal liberty under Article 21 cannot be sacrified to stifle legitimate criticism. Bail cannot be denied mechanically when allegations arise from same set of facts.

Personal guarantors of corporate debtors are subject to IBC provisions. NCLT has jurisdiction to admit insolvency applications against personal guarantors simultaneously with corporate insolvency. A guarantor cannot escape liability by claiming separate legal identity from the corporate debtor.

An allegation of criminal conspiracy against a high functionary must be supported by credible and specific evidence. Allegations based on claims of a witness not corroborated by contemporaneous documents or other witnesses cannot lead to registration of FIR against such persons.

Children with disabilities have a right to inclusive education under the RTE Act. Schools must make reasonable accommodations. Exclusion of disabled children from mainstream education violates their constitutional right to equal opportunity under Articles 14 and 21A.

Testimony of a child witness is admissible and can be the sole basis for conviction. The court must assess the child's capacity to understand, observe, and communicate facts. Competency of a child witness is tested by the court before recording his deposition.

Right to know about progress of one's own legal case is a component of right to access justice under Article 21. Digital platforms of courts must be easily accessible. Litigants should not have to pay or rely on middlemen for case status information.

Residence orders under DV Act can be passed to protect women's right to shared household. Definition of shared household is broad under Section 2(s). Courts must ensure speedy disposal of DV petitions to prevent continuing abuse.

In bail applications in DV Act cases, courts must prioritise the safety of the aggrieved woman. Bail conditions must include conditions to protect the woman from further abuse. An accused who violates bail conditions must have bail cancelled.

Delay in lodging FIR requires judicial scrutiny. Unexplained delay creates doubt about the truthfulness of the version but does not by itself render the prosecution case false. It is one of many factors to consider in evaluating evidence.