FIR quashing in India is the legal remedy by which the High Court may terminate a criminal case at the threshold where the FIR or criminal proceeding is an abuse of process, does not disclose any cognizable offence, is legally barred, is manifestly mala fide, or where continuation of prosecution would defeat the ends of...
Read More
Anticipatory bail, now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a pre-arrest legal remedy available to a person who has reason to believe that he or she may be arrested for a non-bailable offence. The application lies before the Court of Session or the High Court. The court may grant...
Read More
Use up and down arrow keys to resize the meta box pane. Bail law in India protects personal liberty by allowing an accused person to be released from custody during investigation, inquiry or trial, subject to conditions imposed by the court. After the new criminal laws came into force on 1 July 2024, the principal...
Read More
Disability pension for Armed Forces personnel is payable where a disability is attributable to or aggravated by military service and is accepted in accordance with the applicable Pension Regulations and Entitlement Rules. It ordinarily consists of two components: service element and disability element. The Supreme Court has repeatedly held that, where no disease or disability...
Read More
Mental cruelty in divorce cases refers to conduct by one spouse that causes such mental pain, suffering, fear, humiliation, emotional distress or breakdown of trust that the other spouse cannot reasonably be expected to continue the matrimonial relationship. Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty is a ground for divorce. Mental cruelty...
Read MoreA statutory complaint in the Indian Army is a formal grievance-redressal remedy available under the Army Act, 1950, principally under Section 26 for persons other than officers and Section 27 for officers. It is used when an Army personnel considers himself wronged by a superior authority, adverse service action, ACR/APAR grading, promotion denial, administrative injustice,...
Read More
Court martial appeal in India lies before the Armed Forces Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007 against an order, decision, finding or sentence passed by a court martial. The Tribunal may interfere where the finding is legally unsustainable, involves a wrong decision on a question of law, or where material...
Read More
Monetary relief under Domestic Violence Act, 2005 is a financial remedy that may be granted by the Magistrate to meet expenses and losses suffered by an aggrieved woman and her child because of domestic violence. Under Section 20, monetary relief may include loss of earnings, medical expenses, loss caused by damage or removal of property,...
Read More
Permanent alimony under Section 25 of the Hindu Marriage Act, 1955 is financial support granted by the matrimonial court at the time of passing a decree or at any time after the decree. It may be awarded as a lump-sum amount, monthly payment, or periodical payment, and may be granted to either spouse depending on...
Read MoreInterim Maintenance under Section 24 of the Hindu Marriage Act, 1955 allows either the wife or the husband to seek maintenance pendente lite and expenses of proceedings during the pendency of matrimonial litigation. The provision is gender-neutral. The court may grant interim maintenance where the applicant has no independent income sufficient for their support and...
Read More