Where investigation is complete, charges are not framed, and trial is unlikely to conclude within a reasonable time, continued incarceration of an under-trial prisoner amounts to an infringement of the right to personal liberty and speedy trial guaranteed under Article 21.
Inability to maintain oneself is a sine qua non for claiming maintenance under Section 125(1)(a) CrPC. A wife who is earning sufficiently and has no dependents cannot be said to be unable to maintain herself.
A claimant who suppresses material facts relating to income and earning capacity is not entitled to interim maintenance; however, denial of monetary maintenance does not, by itself, disentitle an aggrieved woman from seeking residential relief or rent for alternate accommodation under Section 19 of the PWDV Act, particularly when a minor child resides with her
Resignation from service entails forfeiture of past service under Rule 26 of the Central Civil Services (Pension) Rules, 1972, thereby disentitling an employee to pension irrespective of the length of service rendered; however, gratuity being a statutory right under the Payment of Gratuity Act, 1972, remains payable even upon resignation unless the employer is specifically exempted
Work-from-home vs office work is not a determinative factor. The assumption that a parent working from home is better suited to custody is not correct. Modern realities of dual-income families and the irrelevance of temporary work arrangements have to be considered.
While the prima facie presumption as existing under the IT Act would not apply under the CGST Act, the assets and material seized could form the basis of an independent investigation by the GST Department
Section 498-A of the Penal Code: Vague and general allegations cannot lead to forming of a prima facie case. As regards the ingredients for making out an offence punishable under Section 498-A of the Penal Code is concerned, the requirement is that there has to be cruelty inflicted against the victim which either drives her to commit suicide or cause grave injury to herself or lead to such conduct that would cause grave injury or danger to life, limb or health.
Since a very large number of cheque bouncing cases are still pending and interest rates have fallen in the last few years, Supreme Court has revisited and tweaked the guidelines
None of the offences alleged against the accused is made out. In fact, the allegations of cruelty, mental harassment and voluntarily causing hurt against the accused herein are vague and general in nature. It is neither expedient nor in the interest of justice to permit the present prosecution emanating from the FIR to continue.