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Code of Criminal Procedure, 1973 – quash - Negotiable Instruments Act, 1881 - Section 138 – dishonor of the cheques - vicarious liability - (CDJ 2025 SC 374) -
Non-executive and independent director(s) cannot be held liable under Section 138 read with Section 141 of the NI Act unless specific allegations demonstrate their direct involvement in affairs of the company at the relevant time. The mere fact that Appellant(s) attended board meetings does not suffice to impose financial liability on the Appellant(s), as such attendance does not automatically translate into control over financial operations.
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Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 - Termination of Service of Women Judicial Officers - (CDJ 2025 SC 351)
While gender is not a rescue for poor performance, it is a critical consideration which must weigh for holistic decision-making at certain times and stages of a woman judicial officer. The Apex Court set aside the termination orders of the women Judicial officers.
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Criminal Procedure Code - Section 125 - maintenance - A Muslim wife who resides separately from her husband on his contracting a second marriage is not disentitled from claiming her statutory right of maintenance under CrPC/BNSS. (CDJ 2025 Ker HC 101)
The husband has a second wife and is liable to maintain her cannot be a factor in denying maintenance to the first wife or reducing the quantum of maintenance she is entitled to.
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Criminal Procedure Code - Section 482 –Indian Penal Code – Section - 376(2) (N), 342, 307, 355, 323, 368, 504, and 506 - consensual sexual relationship can never become a licence to the man to assault a woman. (CDJ 2025 Kar HC 054)
Consensual acts between the two cannot become a rape. Hence, the offence of rape under Section 376(2)(n) of the IPC alleged against the petitioner is obliterated. All other offences like attempt to murder under Section 307 of the IPC or assault stand sustained.
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Family Courts Act, 1984 - Section 7 - Indian Evidence Act, and 1872 - Section 112 - DNA test - declaration of paternity - (CDJ 2025 SC 166)
Legitimacy determines paternity. A child born within marriage is the child of the husband- can’t order DNA test on allegations of Adultery…says Supreme Court.
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