Digi - Legal Insights

Wife with no permanent income but receiving honorarium entitled to maintenance; husband earning pension and income from medical practice -Maintenance granted by Revisional Court held just and proper.

Interim maintenance of Rs. 1,000/ month to child upheld where petitioner admitted marriage and brief cohabitation; no illegality in Trial Courts order under Section 125 CrPC.

Where station diary showed due compliance and arrest was made after preliminary inquiry and within 24 hours, no violation of statutory or constitutional rights found.

Magistrate must conduct inquiry under Section 202(1) CrPC when initial investigation reports are adverse; process issued without fresh material or inquiry is invalid. 2015 B.C.I. (soft) 392(S.C.); 2019(2) Bom.C.R.(Cri.) 626(S.C.) dis. 2024(4) S.C.C. 289 reff.

Magistrates order summoning accused upheld where prima facie satisfaction is based on material and witness statements; interference under Section 482 CrPC not warranted.

Arrest vitiated where custody exceeded 24 hours and mandatory provisions under Sections 316(5) and 318(4) BNS were not complied with; violation of Article 21. 2025 DGLS(Bom.) 1137; 2025 DGLS(SC) 149; 2024(3) Bom.C.R.(Cri.) 897; 2025 DGLS(SC) 170; 2025 DGLS(SC) 815; 1964 B.C.I. (soft) 19; 2013(4) Bom.C.R.(Cri.) 680(S.C.) ref.

Magistrate rightly framed charge based on prima facie material; once charge is framed, Magistrate must proceed under Section 246 CrPC and is not required to re-investigate. (2013)2 Bom.C.R.(Cri.) 335(S.C.) dis.

Conviction under Section 471 IPC upheld where forged caste certificate was used to secure police employment-Probation denied; however, sentence reduced to three months.

Section 340 CrPC-Filing of false affidavit in maintenance claim justified Trial Courts action in referring matter for prosecution under Section 340 CrPC; no interference warranted.

Conviction under Section 302 IPC upheld where consistent eye-witness testimony and corroborative medical and recovery evidence established guilt of sole appellant

Relief under Sec. 19 denied-Under-construction flat not in possession of either party does not qualify as shared household.

Where prima facie material exists under IPC Sections 120B and 420 read with PC Act, 1988, rejection of discharge application under Section 227 CrPC is proper.

Rejection of discharge application under Section 227 CrPC upheld where sufficient material existed and investigation was valid under Section 17(c) of PC Act.

Accused discharged under Sections 420 and 34 IPC where no material shows involvement in creation of false document or knowledge of defective title; revisional order set aside.

Court cannot issue writ under Article 226 to direct Advocate General or Legislature to enact laws or decide applications; vague and omnibus prayers rejected.

Account freezing order modified to permit withdrawal of Rs. 50 lakhs where credited amount is unrelated to alleged offence and lacks nexus with criminal proceeds.

Conviction under Section 302 IPC upheld where accused used multiple weapons with premeditated intent and child eyewitness account was reliable and corroborated by forensic and CCTV evidence.

Conviction under Sec. 304 Part II proper-Act of setting victim on fire with knowledge of likely fatal consequence does not attract Sec. 300 Clause 4.

Proceedings quashed where allegations are vague, lack specifics of harassment, and appear retaliatory; no offence under Sections 498A or 406 IPC made out.

Premeditated murder-Conviction under Section 302 IPC upheld where murder was intentional, pre-planned, and supported by direct evidence, extra-judicial confession, medical proof, and weapon recovery.