Hindu Marriage Act, 1955 - Section 9 - Section 13(1) (ia) - Indian Evidence Act - Section 45 read with Section 151 CPC

Hindu Marriage Act, 1955 - Section 9 - Section 13(1) (ia) - Indian Evidence Act - Section 45 read with Section 151 CPC - The When the appellant/husband is willing to undergo potentiality test, the High Court should have upheld the order of the Trial Court to that extent. [Deep Mukerjee Versus Sreyashi Banerjee, The Honourable Mr. Justice Vikram Nath & The Honourable Mr. Justice Prashant Kumar Mishra, Dt: 05-04-2024, CDJ 2024 SC 286]

Indian Penal Code, 1860 - Section 302, read with Section 34 - the witnesses closely related to the deceased who were interested and tutored witnesses. The Police cannot be allowed to tutor the prosecution witness. This conduct became more serious as other eyewitnesses, though available, were withheld. Hence, the appeals are allowed.  [Manikandan Versus State By The Inspector Of Police, The Honourable Mr. Justice Abhay S. Oka & The Honourable Mr. Justice Pankaj Mithal, Dt: 05-04-2024, CDJ 2024 SC 285]

Criminal Procedure Code - Section 482 – Indian Penal Code -  Section 498-A, Section 306 r/w Section 34 - abetment for commit suicide -For attracting abetment, it was incumbent upon prosecution to establish that there is direct relation between inducement, enticement or harassment which was of such nature that, deceased was left with no other alternative but to end up her life. [Santosh & Others Versus State Of Maharashtra, The Honourable Mr. Justice Abhay S. Waghwase, Dt: 08-04-2024, CDJ 2024 BHC 508]

Constitution of India – Article 226 – to grant permission with adequate police protection for rally - just because there would be some hindrance for the traffic and free movement of the people that by itself is not a ground to reject the permission. The first respondent is hereby directed to grant permission for the rally in the alternative route, as agreed by both parties. The Writ Petition is allowed. [Rajasekaran Versus The Assistant Election Officer, Office Of The Assistant Commissioner Ward Committee, Tiruchirapalli District & Others, The Honourable Mr. Justice K. Murali Shankar, Dt: 07-04-2024, CDJ 2024 MHC 2253]

Essential Commodities Act, 1955 - Section 3, Section 7 & Section 10(A) - Code of Criminal Procedure - Section 438 - Anticipatory bail - the offence is not nonbailable. Cognizance of such an offence can be taken but in the absence of any other provision showing the offence to be nonbailable, the offence would continue to be bailable in view of schedule II of the Code of Criminal Procedure, 1973. [Anil Versus The State Of Madhya Pradesh Station House Officer Through Police Station Kanvan, Dhar (Madhya Pradesh), The Honourable Mr. Justice Vijay Kumar Shukla, Dt: 05-04-2024, CDJ 2024 MPHC 122]