vague allegations Archives

exercise caution in considering matrimonial cases

Supreme Court emphasises on caution and consideration of pragmatic realities by courts while dealing with matrimonial cases

“The Court explained that mere general allegations of harassment and cruelty without pointing out the specific details would not be sufficient to continue criminal proceedings against any person”.

Mere allegations of workplace harassment not offence

Case Briefs High Courts

Calcutta High Court: Vague allegations of workplace harassment by merely using words “harassed” or “abused” insufficient to constitute offence under Section 509 IPC

“Mere using the words “harassed” or “abused”, in the overall conspectus of the case, does not demonstrate the requisite intention or knowledge which can lead to the conclusion that any alleged act of the petitioner constitutes an insult to the complainant’s modesty.”

Case Briefs High Courts

‘No need to await accused’s proof, when allegations fall within General Exceptions’; J&K and Ladakh High Court quashes FIR against Revenue Officials acting under court orders

“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”

criminal proceedings father son property dispute

Case Briefs Supreme Court

When SC intervened to rescue parties trapped in criminal proceedings provoked by a Father-son property dispute

It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.