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Case Analysis

Calcutta High Court

‘Non-examination of the investigating officer resulting in serious prejudice to the accused makes the prosecution’s witnesses testimony unreliable,’ Read Judgment

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‘Mere failure to keep a promise without proof of culpable intention from the very beginning is not sufficient to constitute Cheating,’ Read Judgment

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‘A lessor’s right to vacate the premises is not contingent on the adjudication of his money claim regarding arrears of rent.’ Read Judgment

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Can Fresh Departmental Enquiry be initiated against Employee after Retirement? No says SC, Read Judgment

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SC Rules: Husband dutybound to ensure that Wife enjoys same Standard of Life during Divorce Trial, Read Judgment

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HC Opines: Actual use of criminal force is not a condition precedent to attract section 351 and consequently attract section 353 of IPC, Read Judgment

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HC expounds: Insurance company is liable to compensate paid drivers and cleaners in Motor Accident cases, Read Judgment

Bail

HC clarifies Jurisdictional limits for Bail, grants ‘Transit Anticipatory Bail’, Read Judgment

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‘The decree cannot be claimed to be a nullity only because some of the defendants died during the pendency of the suit,’ Read Judgment

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‘An intervenor claiming property based on an unregistered gift deed cannot seek impleadment in a partition suit,’ Read Judgment

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‘Condonation of delay not to be exercised in case of negligence on the part of litigant’, Read Judgment

Punjab and Haryana High Court

‘Court required to give only one opportunity of disclosure to the accused after...

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‘Bail application of an unconvicted person should not be rejected as a mark of d...

Patna High Court

‘Court cannot examine the correctness of a policy decision based on sufficient m...

Patna High Court

‘An employee’s termination based on criminal charges cannot be continued without a re-examination when he has been acquitted of the charges,’ Read Judgment

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‘A sale statement cannot be relied upon to calculate the compensation without examining the vendor or vendee,’ Read Judgment

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‘The acquittal of the husband in a criminal case to arrive at a finding of cruelty against the wife, as a ground for divorce,’ Read Judgment

NCLAT expounds moratorium under Sec 96 of IBC would strictly apply to the security interest created by the Appellant in his personal capacity, Read More

‘Recovery of excess emoluments paid to employees b... ...

[Arbitration and Conciliation Act] ‘Article 226 re... ...

[POCSO Act] ‘Denial of right vested in victims wil... ...

NCLAT expounds that pendency of the Civil Suit can... ...

NCLAT expounds that no application can be filed, e... ...

NCLAT rules that there is no provision under the I... ...

NCLAT rules that relief under Sec 43 of the not av... ...

HC Opines: In a matter of departmental proceeding,... ...

HC Opines: The power of superintendence conferred... ...

SC affirms ‘Medical negligence requires evidence of lack of due Skill or Care’, Read Judgment

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‘Cannot adopt a soft-pedalling approach’; HC dismisses bail application of man accused of destruction of goddess statute, Read Judgment

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[Arbitration and Conciliation Act] ‘Orders of the tribunal cannot be challenged u/A 227 when remedies under act available’, Read Judgment

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HC opines: S. 106 of the Evidence Act cannot be invoked to make up for the inability of the prosecution to produce evidence pointing to the guilt of the accused, Read Judgment

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HC Opines: Where the trial is not concluded within 60 days, that does not give a right to default bail, Read Judgment

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SC rules absence of evidence makes guilt under Section 498A IPC ‘Absolutely Pervasive’, Read Judgment

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SC upholds Arbitration clause: ‘Public Premises Act neither bars nor overlaps with Arbitration Proceedings’, Read Judgment

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‘A Trustworthy witness cannot be disbelieved’: SC awards ₹46 Lakh compensation in Motor Accident Case, Read Judgment

Calcutta High Court, pic by wiki

‘If the findings of the authority are based on some evidence, then the acceptability of such evidence cannot be disputed in a writ petition,’ Read Judgment

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Appellate Court cannot remand a case for retrial without recording the reasoning for insufficiency of evidence, Read Judgment

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‘Excess amount paid in salary to the employee cannot be recovered after a long time when the employee was not put to notice,’ Read Judgment

Punjab and Haryana High Court

[PMLA] Lack of a valid reason to believe u/S 19 not just a mere irregularity but will lead to the arrest being classified as illegal, Read Judgment

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HC reiterates: Section 14 of the Limitation Act applies to an Application submitted under Section 34 of the Arbitration Act, Read Judgment

Jharkhand High Court

HC Holds: If no objection about the appointment was raised during the service, then it is not open for the respondent to raise the issue of appointment after the retirement/death of the employee, Read Judgment

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HC Opines: It is not the number of witnesses but the quality of the evidence which is important, Read Judgment

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HC Opines: When the prosecution has failed to independently establish the appellant's guilt beyond all reasonable doubt, section 106 of the Evidence Act cannot be applied, Read Judgment

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[Section 20 of the Hindu Adoptions and Maintenance Act] HC Opines: A Hindu is legally bound to maintain his children, whether legitimate or illegitimate, Read Judgment

Jharkhand High Court

HC Opines: Evidence of a child witness must be evaluated more carefully and with great circumspection, Read Judgment

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[Section 30(1)(a) of the Employee’s Compensation Act] HC Opines: Appeal will be maintainable from the judgment of the labour court instead of filing a writ petition, Read Judgment

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