ValkyaEditorial

Tagged “abuse-of-process”

6 articles on abuse-of-process.

Supreme CourtSupreme Court of India

Geeta Mehrotra v. State of U.P. (2012): No s.498A prosecution of relatives on bald, omnibus allegations

The Supreme Court quashed a s.498A IPC and Dowry Prohibition Act prosecution against a husband's brother and unmarried sister, holding that relatives cannot be dragged into a matrimonial dispute on a casual reference to their names without specific allegations of active involvement. The decision deprecates the practice of roping in the entire household and treats it as an abuse of process.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

Bilkis Yakub Rasool v. Union of India: the remission quashed

On 8 January 2024, a two-judge bench quashed the premature release of eleven convicts, holding that Gujarat was not the appropriate Government to grant remission under Section 432(7) CrPC and that the order directing it to act had been obtained by suppression of material facts.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

Section 11(6) and Order 23 Rule 1: how the Supreme Court closed the door on a second arbitrator-appointment application

On 2 April 2026, a Supreme Court bench of Justices P.S. Narasimha and Alok Aradhe held in Rajiv Gaddh v. Subodh Parkash that a subsequent application under Section 11(6) of the Arbitration and Conciliation Act, 1996 — based on the same cause of action as one already abandoned — is barred on the principles contained in Order 23 Rule 1 of the Code of Civil Procedure. A digest of the ruling, the facts that drove it, the doctrinal extension into the appointment stage, and what it tells practitioners about strategy and abandonment.

Valkya Editorial··8 min