Friday, 17, May, 2024
‘जेल में जान का खतरा, मुझे शिफ्ट किया जाए’ सुप्रीम कोर्ट में महाठग सुकेश चंद्रशेखर की अर्जी
ऐसे नौकरी से नहीं निकाल सकते हैं, न्याय के खिलाफ है; गुजरात सरकार को हाईकोर्ट का बड़ा आदेश
Public Interest Lawyering Workshop at NLSIU, Bangalore [June 1 – 2; In-person]: Register by May 20!
Cyril Amarchand Mangaldas advises Indegene Limited on its initial public offering of equity shares aggregating to Rs. 10,817.59 million.
High Court overturns order directing SpiceJet to refund over Rs 270 cr to Kalanithi Maran
'नागरिकों की आजादी के लिए हर एक दिन महत्वपूर्ण...', जमानत याचिका पर सुप्रीम कोर्ट की अहम टिप्पणी
Ravi Bhadani joins SNG & Partners as a Partner in Insurance and Funds practice
जिला परिषद के अध्यक्ष और उपाध्यक्ष को हटाना कितना मुश्किल? हाईकोर्ट ने कर दिया सब क्लियर
संविधान पीठ का फैसला कम संख्या वाली पीठ को मानना बाध्यकारी: सुप्रीम कोर्ट का अहम फैसला
पूर्व CM हेमंत सोरेन को फिर लगा झटका, सुप्रीम कोर्ट ने नहीं दी अंतरिम जमानत, अब 21 मई को सुनवाई
CJI ने Airplane में की जिस फैसले की तैयारी, आज वह आदेश आ गया
HIV Positive खून जारी होना गंभीर लापरवाही, हाईकोर्ट ने राज्य सरकार व DGP से मांगा जवाब
हाईकोर्ट से हजारों उम्मीदवारों को मिली राहत, MPPSC के दो सवालों को बताया गलत; दोबरा बनेगी मेरिट लिस्ट
Supreme Court agrees to hear plea seeking timely release of Voter Turnout Data by ECI
'उसे व्यक्तिगत लक्ष्मण रेखा पार करने की...' सुनवाई के दौरान ऐसा क्या हुआ, जज हो गए खफा, लगा दी कंटेंप्ट ऑफ कोर्ट
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Friday, 17, May, 2024
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Prerna
Right of Admission under Right to Education Act do not apply to Minority Unaided Schools, Read HC Order
HC: Can a Citizen ask for Papers which are yet to be Placed before the Cabinet under RTI? NO says HC, Read Judgment
HC: Employee dismissed from service entitled to pensionary benefits if they can avail sanction under special cases [Read Judgement]
Can an Arms License be refused on the ground of Absence of Threat? HC says NO, Read Order
Rape Survivor can't be forced to Mother a Child, MTP allowed in 16 weeks, Read HC Order
Even if Delhi Police is under MHA, Anti Corruption Wing of Delhi Govt can Prosecute them under PC Act, Read HC Judgment
SC Explains: Factors to be considered in determination of mesne profit under CPC [Read Judgement]
Who can file Objection Petition under Order 21 Rule 97 CPC? SC replies, Read Judgment
Man sitting in Car containing Drugs can't be deemed to be in Possession, Read HC Judgment on NDPS Act
Can appeal against conviction be cancelled if accused is absconding? SC replies [Read Judgement]
Can Oral Dying Declaration made before a local person be taken as reliable legal evidence, SC replies [Read Judgement]
Can the State be permitted to Open Medical Clinic in a Park? HC replies, Read Order
Role of Mediation in Family Law Disputes: Explained
Can an Employee Serving as ad hoc for Decades seek Regularisation as his Right? HC decides, Read Judgment
SC: No Bail can be granted in NDPS Act cases unless Credible and Plausible Grounds of innocence exists, Read Order
Orders passed by Quasi Judicial Bodies sans the Reasonings are untenable, Read HC Judgment
HC: Sexual Act with consent will fall in category of 'Rape' if man knew he was not the husband and obtained consent under impression of marriage [Read Judgement]
No Conviction under Sec.3(2) SC/ST Act unless IPC Offence was Committed on ground of Caste, Read HC Judgement
HC: Burden of Proof lies on accused if prosecution establishes death of wife was due to cruelty by husband/ his relative [Read Judgement]
Women and their Property Rights in India: A Critical Analysis
HC: Transfers Matrimonial Disputes as per Convenience of Wife by considering Litigation and Transport Expenses [Read Judgment]
HC: Unfair to Continue with the Criminal Proceedings despite Settlement and Compromise between the Parties [Read Judgment]
HC: Granted bail to the minor accused of taking a minor girl with the intention of marrying her [Read Judgment]
HC expounds victim must be alive in order to exercise the Right to Live with Dignity [Read Judgment]
SC- An Accused cannot be convicted on the ground of suspicion, no matter how strong it is [Read Judgment]
HC expounds thorough and Fair Investigation is the Backbone of every Criminal Trial [Read Judgment]
SC expounds Court has the Power to Reappreciate the Evidence considering various Factors [Read Judgment]
HC granted the protection of life and liberty without commenting upon the legality of the relationship that exists between the petitioners [Read Judgment]
SC- No need to undertake factors under Sec- 32B NDPS act while imposing punishment higher than minimum[Read Judgment]
HC: No Writ Petition would lie against the Outsourcing Agency as it is not an Authority in terms of A. 12 of the Constitution [Read Judgment]
HC- S. 25 of the Indian Contract Act has been shielded, so when it is Applied in the appropriate circumstances, the Limitation is Renewed [Read Judgment]
HC expounds Accused Hard Core Criminal ground sufficient to decline the Application for Parole [Read Judgment]
SC grants relief and costs to the private party due to the callous, careless, and casual approach of the Union of India [Read Judgment]
[Arbitration Clause] HC expounds Appointing an Arbitrator would be an Effective Solution [Read Judgment]
[ Article 21] HC: No one is Allowed to Interfere in the Lives of Major who are living together peacefully [Read Judgment]
HC- Even if a couple is living in a live-in relationship still, they are entitled to get protection of their life and liberty [Read Judgment]
HC: Importance of Time Schedule is meant for Institutions and cannot Indirect Courts from passing judgements in light of Justice [Read Judgment]
HC: Proving of the demand and Acceptance of illegal gratification is sine qua non, mere recovery of currency notes is not enough [Read Judgment]
HC granted Bail to the Juvenile as No Material was made out to bring the case within the Ambit of Exceptions [Read Judgment]
HC: Additional Evidence is required to be taken on record in order to pronounce the judgement or for any other substantial cause [Read Judgment]
SC expounds UGC guidelines that exempt Ph.D. Holders from the NET will apply retrospectively [Read Judgment]
HC can quash Criminal Proceedings in Non-Compoundable cases on ground of settlement between the parties [Read Judgment]
HC expounds Power to quash the proceedings is not limited only to the Matrimonial Disputes [Read Judgment]
HC grants bail to the accused under the POCSO Act on the ground that the possibility of tampering with the witnesses doesn’t exist [Read Judgment]
HC: Accused could not be convicted solely on the basis of a police-recorded confessional statement [Read Judgment]
SC: Before Framing of Charges the Court must Apply it’s Judicial Mind on the Material Placed on Record [Read Judgment]
SC reiterates mere breach of contract would not constitute the offence of the criminal breach of trust [Read Judgment]
HC expounds Primary goal of sentencing is to allow offenders to Reform [Read Judgment]
[ S. 91 of Cr.P.C.] HC- Court could not prejudge the evidentiary value of the defense evidence requested to be produced and dismiss the application [Read Judgment]
SC: Conservation of Ecology and the Environment must go in hand in hand with the Spirit of Economic Development [Read Judgment]
HC granted bail to the accused on the ground that quantity found of the contraband is less than commercial quantity [Read Judgment]
SC expounds Prosecution has not proven its case beyond a reasonable doubt, the accused is entitled to the benefit of the doubt [Read Judgment]
HC reiterates Article 21 includes the Right to go Abroad [Read Judgment]
HC grants bail on the ground that name not included in FIR and has been nominated as an accused on the basis of alleged secret information [Read Judgment]
SC denies considering testimony of the Eye-witness on the ground that it was recorded after 20 days of the date of Occurrence of incident [Read Judgment]
[S. 311 of Cr.P.C.] HC: Court's decision on the application should be based only on the test of the essentiality of the evidence [Read Judgment]
SC: To raise the Presumption u/S. 54 of NDPS Act, it must be first established that recovery was made from the Accused [Read Judgment]
SC- Interdepartmental Communications can not be relied upon as a basis to claim right [Read Judgment]
HC granted bail to the accused after taking into consideration that the petitioner has already been acquitted in two FIRS under the NDPS act [Read Judgment]
SC expounds Reasonable doubt is not a mere possible doubt but a fair doubt based upon reasons and common sense [Read Judgment]
HC expounds Security Reviews to be done on Periodical Basis by Assessing the Security threat of the protectees [Read Judgment]
SC: Arbitrator has the discretionary power to award post-award interest on the part of the sum [Read Judgment]
SC expounds no Prima Facie Evidence on record which implicates the present appellants directly/indirectly connected to the commission of crime [Read Judgment]
HC: HC will not be justified in interfering with an Acquittal Order simply because the Trial Court misapplied the law or misapplied the evidence [Read Judgment]
HC- Right to Privacy can not be raised to create a bubble to scuttle the investigation or nullify the evidence [Read Judgment]
SC expounds One who alleges that the property is Benami, has to displace the initial burden of proving the fact [Read Judgment]
HC: Bridegroom doesn’t have the right or liberty to sexually exploit the fiancee without her consent [Read Judgment]
SC- Gravity of the crime is the prime consideration for deciding what should be the appropriate Punishment [Read Judgment]
SC: Conviction is Unsustainable in the Absence of Concrete Evidence [Read Judgment]
HC expounds Property of the Proclaimed Offender can not be released is rather misconceived [Read Judgment]
SC: NCDRC has no Jurisdiction to Interfere with Concurrent Findings based on Evidence on Record while exercising Revisional Jurisdiction [Read Judgment]
SC: Corruption by a Public Servant is an Offense against a State and the Society at large [Read Judgment]
HC quashed the consequential proceedings against the petitioner on the basis of a compromise made between the parties with the help of family members [Read Judgment]
SC: Court can’t grant Specific Performance relief to someone who is forced to enter into an agreement with a third party [Read Judgment]
SC upheld the conviction of a man accused of killing his own father after a fight while under the influence of alcohol [Read Judgment]
SC expounds Procedural safeguards are meant to advance the cause of Justice [Read Judgment]
HC rejects the claim of the Counsel as it was not supported by any reasonings [Read Judgment]
SC expounds Cheque case against a firm director or partner can be quashed only if there is unimpeachable and inconvertible evidence [Read Judgment]
[Sec-138 NI Act]: Not only Juristic Entity but all persons responsible for its conduct are also required to be arrayed as an accused, rules HC [Read Judgment]
SC: Plaintiffs are the Domius Litis, none can be impleaded as Defendants against plaintiff's permission [Read Judgment]
SC: Gravity and Seriousness of the offence are relevant considerations for the purpose of the grant of Bail [Read Judgment]
HC- Finding of facts by Civil Court binding on Criminal Court, proceedings can't continue on the same issue [Read Judgment]
SC: HC ought to have given cogent reasons while releasing the accused convicted under serious offenses on bail [Read Judgment]
SC: Opinion under Rule 3 of the SEBI Adjudication Rules are not required to be disclosed unless they are used in the inquiry [Read Judgment]
SC: To sustain a Conviction, Circumstantial Evidence must be complete and incapable of explaining any other hypothesis [Read Judgment]
SC: Court Must consider whether the Balance of convenience favors granting the Interim Relief [Read Judgment]
HC: While considering the transfer of a matrimonial dispute at the instance of the wife, the court is to consider various aspects [Read Judgment]
SC Enhances compensation; no weightage was assigned to Salary Certificate while calculating compensation [Read Judgment]
SC: Limitation may not apply to a claim, it is the remedy for the claim’s realization that is barred by law [Read Judgment]
SC: Denial of pension is a continual wrong [Read Judgment]
Supreme Court expounds any State enactment relating to Agriculture Land tenures is a Special Law [Read Judgment]
SC: Questions of the grant of bail concern both liberty of individuals undergoing criminal prosecution as well as the interests of the criminal justice system [Read Judgment]
SC: Appellate Authority can't issue directions for a refund of the tax collected by the State [Read Judgment]
SC directs the Noida to allot flats to the 844 persons of the Cooperative Society [Read Judgment]
SC: The Right to appeal is not an automatic right it is conferred by the statute [Read Judgment]
SC: Judicial Prudence requires the court to abstain from using its Constitutionally granted jurisdiction when an alternative remedy is available [Read Judgment]
SC reiterates: There can’t be two Investigating Agencies with respect to the same FIR’s/Complaint [Reade Judgment]
Denial of Back Wages results in punishment, SC directs reinstatement of watchman after 20 years [Read Judgment]
Apex Court expounds Plaintiff can not get the relief by clever drafting [Read Judgment]
HC acquitted Father for alleged murder of his own daughter, gives him benefit of doubt[Read Judgment]
SC: Even if the Premium is Remitted with the Insurance Company belatedly, for the same Insured cannot be made to suffer [Read Judgment]
HC expounds Drug Peddlers have successfully destroyed the Social Fabric of our society and led youth to the wrongful path [Read Judgment]
SC: Prior Anchorage charges imposed on a vessel under sale are not Encumbrances for the purpose of anchorage fees [Read Judgment]
SC: Once the claim of the financial creditor is discharged, there can be no question of recovery of the claim twice over [Read Judgment]
SC: Husband has a Sacred Obligation to support his wife and Minor Children Financially [Read Judgment]
SC: Court cannot make someone, a victim of Injustice, to compensate for the Injustice to the Victim of a Crime [Read Judgment]
SC: HC was required to hold a preliminary inquiry before coming to the conclusion that whether the dispute is arbitrable or not [Read Judgment]
SC: Preventive Detention is a Serious Invasion of Personal Liberty [Read Judgment]
HC: Terms of the Appointment are unclear in the absence of any Appointment Letter [Read Judgment]
HC: Candidate is not eligible to be appointed as a District Judge by way of Direct Recruitment [Read Judgment]
SC: If the Order of Termination is approved by the Industrial Tribunal; then it will be binding between the parties [Read Judgment]
SC: Commercial Courts should not exercise their powers under S. 9 of the Arbitration Act, until and unless the conditions under O. XXXVIII R. 5 of the CPC are satisfied [Read Judgment]
SC while considering the Parity of Bail, the role attributed to the co-accused must be considered [Read Judgment]
SC dismisses Appeal: Appellant has no locus standi as he is neither a Company nor a member nor creditor of the Company struck off from RoC, Read Judgment
SC expounds Dependents are entitled to Compensation for Income Loss even if they Inherited the Deceased’s Businesses and Properties [Read Judgment]
SC: Simple Allegation of Fraud is insufficient to bring a case within the Statute of Limitation [Read Judgment]
HC: Implication of Accused on basis of disclosure statement of co-accused cannot be justifiable ground for granting Bail [Read Judgment]
SC: Rules of Procedure are the Handmaidens of Justice not the Mistress of Justice [Read Judgment]
HC: There can never be a graver and more Heinous Crime than the father committing Rape on his own Daughter [Read Judgment]
SC transfers the Petition concerning the diversion of the flow of the river to the Calcutta High Court [Read Judgment]
SC: Balance of the Rules of Procedure is required to avoid any like prejudice to any of the Parties [Read Judgment]
HC: Nobody in Civilized society can be implicated or held guilty just because there is a statement of Prosecutrix [Read Judgment]
HC: Right to Human Life is to be treated on a much Higher Pedestal, regardless of a citizen being minor or major [Read Judgment]
HC- There can not be anything more obscene, diabolical, and barbaric than Child Rape [Read Judgment]
SC: More the Delay, more the Possibilities of Influencing the Witnesses [Read Judgment]
SC directs United Towers to pay ₹4,95,000/- along with interest to Ashoka Investment [Read Judgment]
SC: Merely on allegation of harassment, conviction in terms of Sec-306 of the IPC is not sustainable [Read Judgment]
SC: No parent should have to suffer through the death of their children, much less their only child [Read Judgment]
SC: An over-burdened docket is no justification for formulaic Justice [Read Judgment]
SC: Conviction can be done solely on the basis of deposition of an eye witness if it is found to be trustworthy and reliable [Read Judgment]
SC increases Compensation in Motor Accident Claim matter, says 'Future Prospects' was missed [Read Judgment]
SC: Decree of Permanent Injunction in favor of the plaintiffs could not have been passed to protect the plaintiffs' possession [Read Judgment]
SC Granted bail as the Appellant is the lady accused and has already undergone 2 years 9 month’s sentence [Read Judgment]
SC: HC should not entertain the writ petition if an alternate remedy is available [Read Judgment]
SC Granted interim custody to the gaushala instead of the owners as the cattle cannot be released to persons who were illegally transporting them [Read Judgment]
SC granted compensation after taking into account the future prospects of the claimants [Read Judgment]
SC: Government can not misuse the ‘removal of difficulty clause’ to have all the Statutory Restrictions that stand in it’s way removed [Read Judgment]
HC: Merely because the proceedings under the SARFAESI Act have been initiated, Arbitration of disputes does not get per se barred [Read Judgment]
HC: Disruption of the Investigation shall not constitute the Stifling of the Investigation [Read Judgment]
SC: HC can pass an Order for further Investigation or Re-investigation if it is necessary to secure the Ends of Justice [Read Judgment]
HC granted bail to the applicant on the condition of solemnizing the marriage with victim girl [Read Judgment]
Special Court convicted the accused for pulling the dupatta and holding the hand of a minor girl [Read Judgment]
HC: Interference in the Arbitral Award will be justified when the Arbitrator’s conduct and impartiality are in doubt [Read Judgment]
SC: The word ‘ABATEMENT’ is certainly different from ‘ACQUITTAL’ and a mere glance at the provision to S. 394 (2) Cr.P.C. will make it clear [Read Judgment]
SC commutes the Life Imprisonment of the Accused to the Imprisonment of 20 years [Read Judgment]
SC expounds no sympathy can be shown to such students who have entered/been admitted after the 31st may [Read Judgment]
SC: Protection Order directed at another Investigating Agency, could not have insulated the petitioner from any act initiated by a different agency [Read Judgment]
HC dismisses the petition for Cancellation of Bail as no Cogent Evidence was found to substantiate the allegations [Read Judgments]
HC quashes the FIR since the parties have arrived at a compromise and have decided to live in peace [Read Judgment]
HC: Merely on the ground of unsubstantiated Past Conduct, it would be Punitive and oppressive to the petitioner, to keep him in further Preventive Custody [Read Judgment]
SC: Accused is guilty under the NDPS Act if 'Poppy Straw’ tests positive for ‘Morphine’ and ‘Meconic Acid’ [Read Judgment]
SC- Variation in Prices can't be the ground to hold Sale Exemplars non genuine [Read Judgment]
HC quashes FIR in case pertaining to SC/ST Act on the basis of 'compromise' [Read Judgment]
HC quashes FIR Complainant's spouse deceased and remaining parties desired to drop the case [Read Judgment]
SC: Under Prevention of Corruption Act, 'Requisite Intent' to be at core always before amount is handed over [Read Judgment]
SC: Benefit of Exception being afforded at Trial Stage only not rigid principle [Read Judgment]
HC: Issuance of Arrest Warrant is a measure of Last Resort [Read Judgment]
HC: If plea of non-joinder is not raised at time when Suit was argued and decreed, it cannot be permitted to be raised during Execution Proceedings [Read Judgment]
Accused not in position to tamper with Prosecution Evidence: HC grants Regular Bail [Read Judgment]
SC Opines: Where age of Victim happens to be up to 15 years the multiplier should be 15 [Read Judgment]
SC Rules: Accused's incompetence to explain circumstances under which victim suffered death doesn't infer his guilt [Read Judgement]
SC: Appeals decided against Revenue, they are to be treated as final [Read Judgment]
HC Expounds: No Change can be made whatsoever once online application is submitted [Read Judgment]
No Prosecution Witness examined in One Year of Charges being framed, HC grants Bail [Read Judgment]
SC dismisses order of re-Evaluation passed in the absence of any specific provision [Read Judgment]
SC awards Compensation for loss due to non-plying of vehicle at ₹5000/- per month [Read Judgment]
SC commutes punishment of Death Sentence to Life Imprisonment on ground that accused spent 10 years in Solitary Confinement [Read Judgment]
HC grants Bail to Husband involved in Dowry Death and Murder Case [Read Judgment]
HC grants Bail to 4th year Law Student arrested under multiple penal offences [Read Judgment]
HC Rules: If Regular Appeal is pending before first Appellate Court, no interference u/S. 482 CrPC is called for [Read Judgment]
HC Expounds: Post of IG stands re-designated to be DGP, remedy of appeal would lie with the DGP of State [Read Judgment]
HC: Denial of Subsistence Allowance amounts to Gross Violation of Statutory and Constitutional Rights of Employee [Read Judgment]
HC: If Employee stands Acquitted from Criminal Proceedings, he would be entitled to all benefits for the period he was out of service [Read Judgment]
SC Reiterates: Once possession has been taken under Land Acquisition Act, there is no lapse under S. 24(2) of 2013 Act [Read Judgment]
SC: HC ought not have quashed Deputy Collector order on ground that the same was without jurisdiction and Coram nonjudice [Read Judgment]
SC sentences Contemnor to undergo SI for 6 months for committing egregious acts [Read Judgment]
SC Expounds: Agreement to Sell by itself does not confer any Right, Title, or Interest [Read Judgment]
SC: In a Suit of Specific Performance, there must be a clearly defined issue about plaintiff’s readiness and willingness [Read Judgment]
SC Reiterates: There's a distinction between 'absence' and 'post fallen vacant' [Read Judgment]
HC Expounds: Appreciating and Evaluating Evidence cannot be decided at the Stage of Framing of the Charges [Read Judgment]
HC refuses to grant bail to the petitioner as he was also involved in 9 other cases [Read Judgment]
HC grants Bail to petitioner after taking into consideration long period spent in custody [Read Judgment]
SC: Identification in Court is meaningless if it occurs in Test Identification Period after Accused has been shown to the Witness [Read Judgment]
HC: If Sec- 138 NI Act stands withdrawn, continuation of proceedings under Sec 174-A IPC will be an abuse of Process of Law [Read Judgment]
HC: Not being of Marriageable Age would not deprive one of their Fundamental Rights [Read Judgment]
HC grants bail to Petitioner as Victim in her Statement under Sec- 164 Cr.P.C. didn't attribute allegations of Sexual Assault [Read Judgment]
Arraigned as Accused on basis of disclosure statement made by accused: HC grants Bail [Read Judgment]
HC Expounds: In order to invoke Powers under Section 319 CrPC; Evidence to be available on File [Read Judgment]
SC: Material collected during Investigation, Statement u/S. 161 Cr.PC, Seriousness of offense to be consideration while granting Bail [Read Judgment]
SC Expounds: Additional Accused cannot be impleaded once Limitation Period of Offence u/S 142 NI Act expires [Read Judgment]
SC enhances compensation of Tanker Lorry Cleaner in Motor Accident Claim matter in terms of loss of marriage and future earning prospects [Read Judgment]
Suicide Note silent on why accused harassed deceased: HC grants Anticipatory Bail] [Read Judgment]
HC: Arrest not only deprives Right of Personal Liberty but also causes Mental Agony, stress and tarnishes Family Reputation [Read Judgment]
HC expounds Proclaimed Offender is not entitled to invoke the Inherent Powers to seek quashing of Criminal Proceedings [Read Judgment]
Petitioner a Government Official, no chance of Absconding: HC grants Bail [Read Judgment]
SC cancels allotment of the Public Plot allotted to the Private Individual [Read Judgment]
HC quashes FIR registered in fraud and criminal conspiracy case on Compromise basis [Read Judgment]
[NDPS Act]- HC grants Bail to petitioner after two years of incarnation [Read Judgment]
HC: Custody Disputes should be considered with a Pragmatic rather a Hyper-Technical approach [Read Judgment]
HC: First Appellate Court has Discretionary Power to determine whether certain Evidence is necessary to pronounce Judgment or Not [Read Judgment]
SC quashes complaint as it did not disclose any act or petitioner's participation in commission of Crime [Read Judgment]
HC grants bail in fraud and conspiracy case on account of lack of Documentary Evidence [Read Judgment]
HC: If a Special Provision has been made qua a particular subject, then General Provisions don't apply to it [Read Judgment]
Long Custody valid ground: HC grants bail to Petitioner languishing in jail for over 3 years [Read Judgment]
Supreme Court: If Criminal Trial is biased, then Judicial Fairness and the Criminal Justice System would be at stake [Read Judgment]
SC: HC should bear in mind public interest while considering Writ Petition [Read Judgment]
HC grants Permission to a Minor girl to terminate her 24 weeks old Pregnancy [Read Judgment]
SC: Summoning Order passed after conclusion of Trial not sustainable in law [Read Judgment]
[S. 157 of the Indian Evidence Act]- SC: Dying Declaration can be treated as a Former Statement [Read Judgment]
HC Expounds: Report of FSL forms foundation of a case under NDPS Act [Read Judgment]
HC grants Compensation to an un-married Daughter under the Motor Vehicle Act [Read Judgment]
HC: Imprisonment before Conviction is a sort of Punishment [Read Judgment]
SC Expounds: Claimants not required to prove case of Motor Accident Claims like in Criminal Trial [Read Judgment]
SC Expounds: Court's Duty to restore Claimant to the Position as he was in before occurrence of Disability [Read Judgment]
HC quashes proceedings on basis of compromise in offences predominately private in nature [Read Judgment]
HC Expounds: If there is no cognizable offense, LOC subject cannot be arrested or prevented from leaving country [Read Judgment]
SC Expounds: Once Court rejects discharge Application, it would proceed to framing of charge u/S. 228 CrPC [Read Judgment]
SC: Interim Orders always subject to Final Order that may be passed finally while terminating the proceedings [Read Judgment]
SC: Non-Deposit of Compensation doesn't result in lapse of Acquisition Proceedings [Read Judgment]
SC Expounds: Reference Application couldn’t have been dismissed if liberty is reserved by High Court [Read Judgment]
SC: No Right vested of successful candidate to insist upon their Consideration, in absence of any rule requiring for preparation of waiting list [Read Judgment]
SC: Necessary for Prosecution to establish each and every circumstance beyond reasonable doubt to form complete chain of Evidence [Read Judgment]
SC Expounds: Common Intention can be formed at spur of moment and during occurrence itself [Read Judgment]
SC: If Civil Remedy is available, quash Criminal Proceedings, prevent Abuse of Process of Court [Read Judgment]
Consortium a Special Prism reflecting changing norms about status and worth of actual Relationships: SC grants Compensation [Read Judgment]
HC denies Bail to Petitioner who was habitual in filing cases against different persons [Read Judgment]
SC: Compensation determined on basis of Notification 5 years later no yardstick for determination of compensation for land acquired five years before [Read Judgment]
HC: Pay in Regular Pay Scale has to be fixed from date on which promotion was granted [Read Judgment]
SC Expounds: Utility of Dying Declaration depends upon surrounding circumstances and credibility that Court attaches to it [Read Judgment]
SC Reiterates: Quashing of Criminal Complaint must be done only in Rarest of Rare Cases [Read Judgment]
SC Expounds: ‘Organized Crime’ synonymous with ‘continuing unlawful activity’, no two separate definitions necessary [Read Judgment]
SC: Judicial Review not akin to adjudication of case on merits and adequacy or inadequacy of evidence [Read Judgment]
SC: Where premium is accepted pre-condition of Medical Examinations stands waived [Read Judgment]
HC Expounds: Outcomes of Criminal Proceedings have no bearing on a case under Motor Vehicle Act [Read Judgment]
HC Expounds: Executant seeking Cancellation of Deed is Bound by Law to Pay Ad-Valorem Court Fee [Read Judgment]
HC Expounds: Not permissible for Police to file a Case u/S. 188 IPC and then submit a report to the appropriate court u/S. 173 CrPC [Read Judgment]
HC explains the Objective of Section 60(2) of IBC, Read Order
Rent is the consideration or Price Paid For Enjoyment Of The Suit Premises, opines HC [Read Judgement]
HC Rules: Hurried and Cryptic Sentence Without Proper Hearing Is An Anathema To Death Penology, Read Judgment
HC opines: Section 304A applies to those cases where there is neither intention to cause death nor knowledge that the Act will result in death, Read Judgment
HC expounds: Illegality cannot be permitted to continue on the defence of balance of convenience, Read Judgment
HC rules: Son, and daughter-in-law cannot torture their parents under the pretext of caring for them, Read Judgment
HC expounds: The Authorities Under the PMLA Are Not Police Officers, Read Judgment
HC directed the contemnors to pay Rs. 30 Lakhs to the Petitioners for wilful disobedience of the Court's Order, Read Order
HC Opines: Depriving the Petitioner of Stridhan Articles equals to Domestic violence, Read Judgment
HC commutes death sentence after taking into consideration the age of the appellant and the nature of the crime, Read Judgment
HC expounds: Section 24 of M.S.M.E.D. Act does not provide an absolute bar to the disclosure of independence and impartiality of an Arbitrator, Read Judgment
HC rejected the transfer application of the husband as he intended to harass the wife, Read Judgment
SC opines: Summons should not be issued when the allegations in the complaint are absurd or improbable, Read Judgment
While considering actual imprisonment, the period of parole should be excluded, opines SC
HC enunciates: Motive loses relevance if oral evidence is convincing and reliable, Read Judgment
HC refuses to grant bail to the President of the District Committee of All India Trinamool Congress, Read Judgment
HC Expounds: Order of Emergency Arbitrator can be taken into account at the stage of considering an application under Sec- 9 Arbitration and Conciliation Act, 1996, Read Order
[SC & ST ACT,1989] SC quashed Criminal Complaint on ground that a Civil Dispute is converted into a Criminal Dispute, Read Judgment
[IBC] SC propounds that a Party cannot be made to suffer due to legal impediments, Read Judgment
SC enunciates that the burden of proof lies on Accused to bring a case within the purview of Section 84 IPC, Read Judgment
HC Expounds: Suspicion, howsoever high, cannot take place of proof of guilt, Read Judgement
SC Enunciates: Prosecution cannot be said to be bogus after filing Charge Sheet, Read Order
SC Expounds: Deviating from method of inviting tenders from entities can only be done in exceptional circumstances, Read Judgement
Inordinate Delay in Trial results in violation of Fundamental Right to a speedy trial: HC releases Accused convicted under UAPA on bail, Read Order
SC Propounds: If Insurance Company is unable to reinstate property insured, then it shall pay reinstatement amount, Read Judgment
[Land Acquisition Act]- SC rules that encroachers cannot be allowed to take benefit of Section 24(2)
SC Enunciates: Once Conviction is confirmed by SC, HC cannot make comments on investigation and/or merits of the case
SC Propounds: CISF Personnel are required to maintain discipline of the highest order, Read Judgement
SC Expounds: No absolute bar on cancelling default bail after filing of Chargesheet, Read Judgement
[Article 14] - SC expounds: Different educational qualifications and experience can be a justifiable ground to have different pay scales, Read Judgement
SC Expounds: Conviction cannot be done solely based on last-seen theory, Read Judgement
[Sec-138 NI Act]- Accused deserves Acquittal if ITRs of Complainant silent on Cash Loan and show lack of financial Capacity, Read SC Judgement
SC Enunciates: Process in bail proceedings not akin to money recovery proceedings which are in realm of Civil Proceedings
[Excise License]-HC Opines: Renewal of license cannot be rejected based on Police Report, Read Judgement
HC Full Bench - Statutory Bail cannot be granted automatically unless applied for by the Accused, Read Judgement
SC Enunciates: Amount of royalty cannot be mixed with compensation/loss caused to State Government due to loss of land, Read Judgement
SC Propounds: Chargesheet not a public document and doesn't fall within Section 4(1)(b) of the RTI Act, Read Judgement
SC – ESI applicable to all Factories and Establishments irrespective of number of Employees, Read Judgement
HC Expounds: Mistake by Advocate in NI Act Case shall not prejudice the client, Read Judgment
HC Expounds: Volunteer for a disciplined force must have a clean antecedent in terms of his character, Read Judgement
HC Rules: Child Rights cannot be made a by-product of a lob-and-volley game of politics-coloured bickering between two parties, Read Judgement
Forcibly Removing Minor’s pants amounts to an attempt to commit rape, Read HC Judgement
Rs.Two Crore compensation just for a bad haircut, SC asks NCDRC to justify the amount awarded, Read Judgement
Second FIR can be registered if offences as per the complaint are different, enunciates HC
HC enunciates that the terms of the invitation to tender cannot be open to judicial scrutiny, Read Judgment
[Patents Act] HC propounds that in determining inventive steps, the invention should be considered as a whole, Read Judgment
HC expounds: Courts cannot decide the classification of products for the Customs Tariff Act under Article 226, Read Order
[NDPS Act] HC expounds that Section 23 is not attracted if the FIR doesn’t disclose allegation of any import or export or transhipment of the contraband, Read Judgement
HC expounds an additional factor to be considered along with the guidelines laid down in Rajnesh v. Neha while deciding the quantum of maintenance, Read Judgement
SC enunciates that if marriage is void then conviction under Section 498 – A IPC would not be sustainable, Read Order
[Cr.P.C.] Non-examination of 164 statements cannot have any bearing on material evidence, opines SC, Read Judgement
[GST Act] If goods detained in the State, Section 129 penalty can be lawfully imposed, enunciates HC
HC directs searches in all the correction homes of West Bengal to seize electronic gadgets from inmates, Read Order
HC expounds that Order 29 Rule 2 of the CPC does not limit the service of the summons to the registered office of the company alone, Read Judgment
HC enunciates that the classification of the Tariff heading can’t be changed just to avail the lower rate of tariff, Read Judgment
SC enunciates that the award of compensation cannot be based on any mathematical formula, but has to be commensurate to the nature of pain and suffering, Read Judgement
SC expounds that the provision of review is not to scrutinise the correctness of the decision rendered but rather to correct the error, Read Judgment
SC enunciates that when the theory of “last seen together” is proved against the accused, then the explanation by the Accused becomes crucial, Read Judgement
SC Enunciates: When Trial progresses unhindered, there is no reason to direct CBI- led investigation, Read Judgement
SC rules that Extra-Judicial confession requires corroboration with strong evidence, Read Judgment
SC rules that when the examination of the Complainant is recorded, order of acquittal on the ground of non-appearance of the Complainant cannot be passed, Read Judgment
SC Expounds: For proving ingredient of threat under Section 364A IPC, intimidation of child victim for making him silent is not enough [Read Judgement]
SC rules that when disputed questions of fact arise in contractual matters adjudication in a Civil Court is more appropriate, Read Judgment
Trial and Conviction not vitiated in law even if Accused subsequently proves juvenility, rules SC [Read Judgment]
There can be no school without a playground, rules SC
HC rules that contradiction in the orders of the Civil Court cannot empower the Writ Court to enter into the specific domain of the Civil Court [Read Judgment]
SC Expounds: Conviction solely based on oral testimony of interested witnesses, without sufficient corroboration is unsustainable [Read Judgment]
SC Opines: Section 69 of Evidence Act applies if attesting witness to a will is dead or not found, Read Judgement
[Drugs and Cosmetics Act]-SC Rules: Small quantity of medicine found in premises of a registered medical practitioner doesn't amount to selling medicines in an open shop, Read Judgment
Air pollution control norms essential for sustainable development, rules NGT [Read Judgment]
If Prosecutrix is the only witness, it becomes more incumbent for High Court to provide opportunity of hearing to Prosecutrix, rules SC [Read Judgment]
SC Expounds: Proceedings questioning validity of a Community Certificate cannot be done ex-parte [Read Judgment]
SC Opines: Date of Panchnama last drawn can be said to be starting point of limitation of two years for completing block assessment proceedings, Read Judgment
SC Opines: There can't be any Police Custody beyond 15 days from date of arrest, Read Judgment
SC Opines: Lack of Jurisdiction of a Court to entertain a complaint can be no grounds to order its transfer, Read Judgment
SC Opines: Writ Petition cannot be entertained for recovery of money when Original Writ petitioner availed Remedy before Civil Court, Read Judgment
HC quashes Assessment Order as Assessing Officer reduced procedure to an empty formality, Read Judgment
HC: Magistrate cannot pass any automatic order on expiry of a period of six months from the date of arrest, Read Judgment
HC: Confession in writing wouldn't escape Exclusion Clause engrafted in Section 25 of Evidence Act, Read Judgment
SC Opines: Grant of Bail on grounds of undue delay in Trial cannot be said to be fettered by Section 37 of NDPS Act, Read Judgment
HC: No Litigant is relieved of his or her duties and obligations on ground of Advocate being engaged, Read Judgment
Can lead to Maternal Death: HC denies permission to a 12-year-old Minor Rape Victim to terminate her 25-week-old twin foetuses, Read Judgment
SC: Accused isn't entitled to be released on bail when two extensions granted by Court remains unchallenged, Read Judgment
SC directs all States to decide on Mercy Petition at the earliest so Accused don't take benefit from such inordinate delay, Read Judgment
SC: Trial Court and Public Prosecutors have a duty to be vigilant while framing charges against accused, Read Judgment
SC: Mere inconsistent averments in plaint aren't sufficient to conclude that cause of action wasn't disclosed in plaint, Read Judgment
SC: State or its Instrumentalities can't be permitted to adopt an attitude of pick and choose, Read Judgment
HC: Order of Acquittal doesn't automatically conclude Departmental Proceeding, Read Judgment
SC: Pre-condition of furnishing a Bank Guarantee for grant of bail is not sustainable, Read Order
SC Opines: Irretrievably Broken Marriage is a ground for dissolution of Marriage under Section 13 HMA, Read Judgment
SC Opines: If Convict has a fair chance of acquittal, he shouldn't be kept behind bars till conclusion of appeal, Read Judgment
SC Holds: Employee can’t be denied Pension merely because of wrong deductions from Salary, Read Judgment
SC Opines: High Court can issue directions in interest of justice while considering bail applications, Read Judgment
SC Holds: Mere filing of Charge-Sheet of predicated offences can’t be ground to release accused on bail in Money Laundering Case, Read Judgment
SC Opines: Onus of Proof lies on Insurer to show case falls under Exclusionary Clause, Read Judgment
SC Opines: In absence of any mandatory rule, decision to fill vacancies from Additional List is left to discretion of State, Read Judgment
SC Reiterates: No decision should be made against Judicial Officer without giving due opportunity, Read Order
SC Holds: High Court without holding Statutory Provisions constitutionally invalid cannot direct not to implement Statutory Provisions, Read Judgment
SC Opines: Accused person cannot be deprived of a hearing in Revision Proceedings initiated against dismissal of Application under 156(3) CrPC, Read Order
HC Opines: Under Section 412(2) of KMC Act, a forced eviction action can only be taken when building's owner/ occupant refuses to leave premises, Read Order
SC Holds: Co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail, Read Order
HC Opines: Human Liberty is most valuable to every civilized human being, Read Judgment
SC Holds: Non-Eexecution of any document by General Power of Attorney Holder consequent to it renders said General Power of Attorney useless, Read Judgment
HC Opines: Being tagged in Comments on Social Media at instance of any other person necessarily doesn't confer any liability/ responsibility on the person being tagged, Read Judgment
HC Holds: Question of Cruelty under Section 498A IPC doesn’t arise when Wife never resided with Husband, Read Judgment
HC Opines: Powers under Sec-160 Cr.P.C cannot be exercised as shortcut method to require attendance of person unconnected with offence, Read Judgment
HC Opines: Mere mentioning of terms ‘arbitration’ or ‘arbitrator’ in Clauses of agreements doesn't aggregate to being an Arbitration Agreement, Read Judgment.
HC Opines: Cancellation of registration of supplier with retrospective effect can’t be sole ground for rejecting GST claim, Read Order
HC Opines: Establishing any wrongful act or negligence of owner of the vehicle not required U/S 163A of Motor Vehicles Act, Read Judgment
SC Opines: Railways can’t be held liable for theft of a person’s belongings, Read Order
HC quashes proceedings on ground that there is no specific allegation and no Privity of Contract, Read Judgment
HC Opines: Order u/Sec-16 Arbitration and Conciliation Act can only be challenged under Article 227 on the ground of patent lack in inherent jurisdiction or exceptional circumstances, Read Judgment
HC suspends sentence of life imprisonment of a woman convicted for committing the murder of a 6-year-old stepdaughter by giving poisoned sweets, Read Order
HC Holds: Once judgment is pronounced, even High Court has no jurisdiction to entertain application for grant of permission to compound offence, Read Order
HC quashes Rape case on the false pretext of marriage, Read Judgment
HC opines that the testimony of a child witness cannot be disregarded and can be the basis for conviction if the child is found competent to depose the facts, Read Judgment
HC holds that UPCL can’t escape from its legal obligation to keep the electricity lines in good repair, Read Judgment
HC opines there can’t be inconsistency between the deposition and the contemporaneous record regarding the timing of an offence, Read Judgment
HC Holds: Pleader Commissioner cannot be appointed for verifying truthfulness of statement of Witnesses, Read Judgment
HC Opines: If two views are possible then Court of Appeal wouldn't take view which would upset judgment of Court, Read Judgment
HC Holds: An element of mens rea must exist in order for 'Negligence' to constitute an Offence, Read Judgment.
HC directs Edu. Board to pay the compensation of Rs. 2 Lakhs for student wrongly shown as 'FAIL' in Exam, Read Order
HC: Falsity of an assurance of marriage is to be tested at its initial stage of inception, and not at a subsequent stage. Read Judgment
HC opines: Establishing minority of the victim child is a condition precedent to proceeding with a case under the POCSO Act, Read Judgment
HC Holds: If Revenue has not challenged a declaration of law in case of one assessee then it cannot challenge its correctness in case of other assessees without just cause, Read Judgment
HC Opines: Dwelling House belonging to an undivided family includes all additional belongings used by the members as part of their Residential House, Read Judgment
HC Opines: Inability to bear a child is neither impotence nor any ground for dissolving marriage, Read Judgment
HC Opines: Cogent reasons are required to be given for imposing stringent and strict sentences, Read Judgment
HC Holds: Prosecution must prove chain of circumstances that led to accused's guilt in case of circumstantial evidence, Read Judgment
HC Opines: Unregistered Agreement to sale is not admissible in Evidence, Read Judgment
HC Opines: Delay in bringing amendment itself no ground to refuse amendment, Read Judgment
HC Opines: Flaws in initial investigative procedure raise doubt on integrity of entire test identification parade, Read Judgment
HC Expounds: State’s action for forcibly capturing land without initiation of proper proceedings illegal, Read Judgment
HC grants bail to the accused person on the basis of whose confession dead body was recovered, Read Judgment
HC Opines: Before passing any order prejudicial to a party must issue notice first and then pass it only after appearance, Read Judgment
HC Opines: Responsibility rests with Authority and/or staff of the clinic not Doctor to maintain records under law against pre-natal sex detection, Read Judgment
HC Holds: Transfer on administrative ground not a punitive action, Read Judgment
HC Opines: Bail is the rule and committal to jail is an exception, Read Judgment
HC Opines: Civil Disputes arising out of contractual relationships can be properly adjudicated in civil proceedings, Read Judgment.
HC Opines: Jurisdiction under Order VII Rule 11 of the C.P.C. can be exercised to prevent irresponsible suits from being filed in court, Read Judgment
HC Holds: Niyojit Teachers can’t be considered equal to trained Government Teachers, Read Judgment
HC Holds: B.Tech in Electrical Engineering along with M.Tech in Information and Communication Technology not equivalent to M.Tech in Electrical Engineering, Read Judgment
HC Opines: Testimony of an Eyewitness must be free from blemish and devoid of any ambiguity, uncertainty, and loopholes, Read Judgment
HC Opines: Condonation of long delay in absence of sufficient reason would cause prejudice to other parties, Read Judgment.
HC Holds: Even relationship between party cannot persuade court to compound serious offences, Read Judgment
HC Opines: Court must only consider commission of a cognizable offence under Section 482 CrPC, Read Judgment
HC Opines: Term 'the person' refers to both male and female under Section 125 CrPC, Read Judgment
HC Holds: It can’t be presumed that Institution follows regulations issued by UGC merely because it is affiliated with UGC, Read Judgment
HC Opines: Condonation of long delay in absence of sufficient reason would cause prejudice to other parties, Read Judgment
HC Holds: Even relationship between party can’t persuade tcourt to compound serious offenses, Read Judgment
HC Opines: Court must only consider commission of cognizable offense and refrain from examining merits of allegations, while exercising power under Section 482 CrPC, Read Judgment
[Section 125 CrPC] HC Opines: Term 'The Person' refers to both Male and Female, Read Judgment
HC acquits a person convicted under the Anti-Hijacking Act, 2016, Read Judgment
HC Holds: No one can direct eviction and demolition of accommodation without due process of law, Read Judgment
HC Opines: Police Officer is required to take opinion of Registrar for infringement of Trade Mark prior to search and seizure, Read Judgment
HC Opines: Merely obtaining fingerprint would not be of any use to the Prosecution unless the same was available on weapon of assault, Read Judgment
HC Opines: Mere addition of the intervenor as party does not create an interest in Suit Property, Read Judgment
HC Opines: Once Court decides to grant or refuse relief of temporary injunction then Appellate Court will not interfere with decision, Read Judgment
HC Opines: intention and knowledge are prime elements for committing an offence under Section 420 IPC, Read Judgment
HC Holds: Non-examination of Victim deprives accused of opportunity to cross-examine, Read Judgment
HC Opines: FIR under Section 498A IPC must disclose essential ingredients of offence punishable, Read Judgment
HC directs State to blacklist such handlers/owners, who are found to be subjecting their Equines to cruelty and maltreatment, Read Order
HC Expounds: Validity of Agreement for Sale cannot be questioned unless it's brought up by applicants before competent Court through legally reckoned competent procedure, Read Judgment
HC opines that the power under Section 482 of the Cr.P.C. is wider than the provisions given under the code of criminal procedure, Read Judgment
HC holds that filing anticipatory bail before the HC without exhausting other remedies would eventually result in flooding the courts for relief, Read Judgment
HC Propounds: Main object of keeping accused in detention during Trial is not punishment but to secure their attendance, Read Judgment
HC Propounds: Writ of Mandamus may be issued against a person who has a legal duty to perform but has failed or has neglected to do so, Read Judgment
HC Opines: Existence of an alternative remedy cannot be treated as an absolute bar to entertain a writ petition, Read Judgment
HC Opines: Prosecution has to knit together all the incriminating circumstances in a cogent way that the hypothesis of innocence of the accused is demolished, Read Judgment
HC Opines: Transgender is not a caste identity and every individual should be permitted self-determination, Read Judgment
HC quashes order rejecting the claim for refund by Vodafone-Idea, Read Order
HC opines: Declaratory suit in regard to adoption comes within the jurisdiction of Civil Courts, Read Judgment
HC expounds: It is not permissible to change the character of a suit by adding a third party or a stranger to the contract, Read Judgment
HC enunciates: Compounding in non-compoundable offenses may be permitted by the Court under Art. 226 of Constitution, Read Judgment
HC expounds: Article 21 of the Constitution of India is reflected in Sections 41 and 41A of the Code of Criminal Procedure, Read Order
HC Opines: Failure on part of accused in not giving any response under S. 106 of Evidence Act becomes an additional link in chain of events, Read Judgment
HC Holds: Necessary to maintain credibility in investigation and court can compel re-investigation if necessary, Read Judgment
HC Holds: All documents by which right, title, and interest whether in present or future have been made are necessary to be registered, Read Judgment
HC Opines: Adjudication is made by Judgment and not by Decree, Read Judgment
HC Opines: To establish a false promise, the maker of promise should have had no intention of upholding his word, Read Judgment
HC Expounds: Court can add anyone as a party to dispute to adjudicate over issue involved in a suit, Read Judgment
HC opines that as per Section 24 of the POCSO Act, the trial court must determine the age of the victim, Read Judgment
HC opines: Any order passed under Section 408 of the Code of Criminal Procedure, 1973 is not appealable, Read Judgment
HC Opines: Examination of accused under section 313 of Cr.P.C. should not be held in a perfunctory manner, Read Judgment
HC opines that while appreciating the evidence of the victim of sexual assault, it should be treated at par with the evidence of an injured witness, Read Judgment
HC opines that no one can be held guilty of committing an offence unless such participation and allegation are proven up to the hilt by cogent evidence, Read Judgment
HC Propounds: Court having no jurisdiction in matter cannot be conferred jurisdiction by parties with their consent, Read Judgment
HC Opines: Statement recorded under Sect-164 Cr. P.C. can never be used as substantive evidence of truth of facts, Read Judgment
HC Opines: Furnishing clear, cogent, and succinct reasons in support of impugned order is an indispensable component of a decision-making process, Read Judgment
HC Holds: 'Payment of Bonus Amending Act, 2015' not ultra vires Article 14 of Constitution of India, Read Judgment
HC Holds: Denial of bail doesn't give unfettered liberty to prosecution to keep a person in custody without conducting a trial, Read Judgment
HC expounds: Process of conciliation is voluntary, and cannot be thrust upon either of the parties, Read Judgment
HC expounds: Statement of an eyewitness must be free from blemish and devoid of any ambiguity, uncertainty, and loopholes, Read Judgment
High Court reiterates DGCA can act against noncompliance of pilots to aviation rules, Read Order
HC opines: It is incumbent upon to authorities to pass a reasoned and speaking order, Read Judgment
HC Opines: Remedy that is not directly available cannot be availed indirectly by clever drafting, Read Judgment
HC Opines: District Appellate Court cannot grant bail after disposal of appeal by affirming judgment of conviction and order of sentence, Read Judgment
HC opines that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly, Read Judgment
HC Expounds: Approval of Competent Authority is necessary for terminating service of employee of Government Aided Educational Institution, Read Judgment
HC Opines: Non-examination of a material witness may lead Court to draw adverse inference against prosecution, Read Judgment
HC Holds: Section-14A of Atrocities Act have an overriding effect on provisions of Code of Criminal Procedure, Read Judgment
NCLAT holds that in order to prove the ingredient of Section 65 there has to be adequate pleadings and findings, Read Order
NCLAT opines that the pre-existing dispute should be present at the time of filing a reply to a notice of demand or at the time of filing the Section 9 application to dismiss an application, Read Judgment
NCLAT opines that the liquidation proceedings cannot be ignored only on the ground that in the balance sheet of the Corporate Debtor the name of the Appellant was reflected, Read Order
HC Holds: Every activity of executive may not be controlled by judiciary, Read Judgment
HC Opines: Practicing of Black Magic can be a personal choice, Court cannot delve into such issues in a habeas corpus petition, Read Judgment
HC answers: Does the employee's failure to respond to charges of financial irregularities relieve a department of its duty to present evidence at the inquiry?
High Court: Petitioner cannot be deprived of benefits due to non-constitution of Tribunal by Respondents, Read Judgment.
HC Holds: Merely because an investigation is perfunctory, that is no ground to completely discard prosecution case, Read Judgment
HC Reiterates: Mere presence of a motive to commit crime not same as presumption that one has committed a crime, Read Judgment.
HC: Misconduct, misbehaviour, malpractices, and cheating is required to be dealt with strictly in Competitive Exams, Read Order
HC Opines: Dismissal of Appeal by Appellate Authority without reasoning amounts to abdication of powers. Read Judgment
HC Opines: Statement u/s 164 of Cr.P.C. can be used for corroboration or contradiction, but cannot be a sole basis for Conviction, Read Judgment
HC directs Department to review rent for a guest-house that couldn't run due to natural calamity, Read Judgment.
NCLAT: When a matter is reserved for orders, there is no scope for entertaining application from parties to re-hear the matter, Read Judgment.
HC: Trial Court is required to ascertain age of victim in accordance with Section 34(2) of POCSO Act, Read Judgment
HC holds that extra judicial confession is a weak kind of evidence, Read Judgment
HC: Questions asked by the Trial Court under Section-313 of the CrPC can’t be a mere formality, Read Judgment
HC opines that mere breach of contract cannot give rise to criminal prosecution for cheating unless a dishonest intention is shown right at the beginning of the transaction, Read Judgment
HC opines that if the petitioner by his failure has not availed the appellate remedy, then, there can be no invocation of the extraordinary jurisdiction under Article 226 of the Constitution of India, Read Judgment
HC opines that SGST and CGST can’t deemed to be paid as IGST without due compliance with the provisions of the taxation enactment, Read Judgment
HC Opines: Unregistered Sale Agreement can be used as Evidence for Specific Performance Relief, Read Judgment
HC: Corruption in public life has weakened confidence of common man; grossly affected Economy of Nation, Read Judgment.
HC Opines: Medical opinion and self-assessment are no sure grounds of computing age of a person, Read Judgment
Election Tribunal's findings set aside by HC in absence of cogent evidence to support charges of collusion, Read Judgment
HC: Provisions of Evidence Act may not be applicable in a departmental proceeding but principles of natural justice are, Read Judgment
HC sheds light on the twin conditions for grant of bail under PMLA, Read Judgment
HC acquits man jailed for 9 yrs while reiterating principle of ‘audi alteram partem’; trial proceedings vitiated, Read Judgment
HC Opines: Son cannot claim Right to Residence in a building exclusively owned by Father, by virtue of their relationship alone, Read Judgment
HC Holds: Power of Section-151 to pass an order of injunction in the form of restoration of possession of the code is not res integra, Read Judgment
HC Opines: Question of exercising discretionary power of granting the benefit of doubt doesn't arise when evidence on record is silent in respect of role of accused persons, Read Judgment
HC Opines: One solid attack on vital portion of body like the head is good enough to attract mischief of Section 300 I.P.C considering circumstances in which assault was made, Read Judgment
HC Opines: Amendment under Order VI Rule 17 can be allowed at any stage as may be necessary for determining the real questions in controversy between the parties, Read Judgment
HC Opines: Section 100(5) Cr.P.C. doesn't require Witnesses of search and seizure to attend court as Witness unless specially summoned by Court, Read Judgment
HC Opines: If intention from very beginning is not there, case of Cheating cannot be made out, Read Judgment
HC Expounds: There should be prevention of harassment, humiliation, and unjustified detention of accused while granting Anticipatory Bail, Read Judgment
HC Opines: If in a free fight wearing apparels are torn, it will not invariably make out an offence under Section 354 IPC, Read Judgment
HC Expounds: Accused shall be presumed guilty by court upon prosecution's proof of essential ingredients of Section 304-B of Indian Penal Code, Read Judgment
HC Holds: While disposing of Bail Application of Juvenile, gravity of offence cannot be ground to deny Bail Application of Juvenile, Read Judgment
HC Opines: All other members of Unlawful Assembly have been acquitted of charges, appellant cannot alone be held guilty for offence of group liability, Read Judgment.
HC Holds: Where Compromise is entered into between parties and societal interest is not there, High Court can exercise power under Section 482 Cr.P.C., Read Judgment
HC Holds: Writ Court shall not interfere with findings of fact recorded in a properly constituted Departmental Inquiry, Read Judgment
HC: Evidence of relative witnesses cannot be said to be interested witnesses unless it is shown that the said witnesses are interested to see conviction of accused, Read Judgment
HC Expounds: It is obligatory on part of wife to serve her husband’s mother and maternal grandmother, Read Judgment
HC Opines: Use of word may in S. 34 CPC confers a discretion of Court to award or not to award interest or to award interest at such rate as it deems fit, Read Judgment.
HC Opines: Rash and Negligent Driving is sine qua non of a case under Section 166 M.V. Act, Read Judgment
HC Expounds: Conditions to be imposed while granting bail must not be onerous, unreasonable, or excessive, Read Judgment
HC Opines: Registration of second F.I.R. for self-same occurrence is prohibited, Read Judgment
HC Expounds: S. 14 of Payment of Gratuity Act gives an overriding effect upon all other enactments or rules made thereunder other than this Act, Read Judgment
HC Reiterates: Sole Testimony of Witness is sufficient to establish commission of Rape even in absence of Corroborative Evidence, Read Judgment
HC Opines: Additional Accused cannot be summoned in the absence of any Cogent Evidence u/S. 319 Cr.P.C, Read Judgment
HC Expounds: Procedure is Handmaiden of Justice, yet it cannot deprive a Citizen of their Inalienable Rights, Read Judgment
HC Opines: If someone is not eligible for direct relief, he is not also eligible to make an indirect claim for the same remedy, Read Judgment
HC Opines: If specific redressal is there in Contract, Petitioner cannot deviate and ignore the same unless his legitimate rights are infringed upon, Read Judgment
HC Expounds: Section 163-A of M.V. Act has set out its specific schedule based on which compensation can be provided, Read Judgment
HC Opines: Court doesn't have the expertise to correct Administrative Decision, particularly where technical knowhow is required, Read Judgment
HC Expounds: When a factual dispute is still in realm of possibility, Court should proceed cautiously while deciding Petition under Section 482 CrPC, Read Judgment.
HC Opines: Ingredients compelling women to marry or seduced to illicit intercourse must be present to attract Section 366 IPC, Read Judgment
HC Expounds: Disputed questions of fact can’t be decided in a petition filed under Section 482 Cr.P.C., Read Judgment
[Negotiable Instrument Act] HC Holds: Specific Averment is an essential requirement of Section 141 and has to be made in a complaint, Read Judgment
HC Propounds: General Rule of Plaintiff being the Dominus Litus is subject to the provisions of Order I Rule 10(2) CPC, Read Judgment
[S. 321 CrPC] HC Holds: Public Prosecutor would be entitled to make an independent decision as to whether prosecution has to be withdrawn or not, Read Order
[S. 291 of Companies Act] HC Holds: Board has the power to make decisions for welfare or benefit of employees of the Company, Read Judgment
HC Expounds: Court that issues proclamation u/S. 82 of Cr.P.C. must record its satisfaction that accused was absconding or concealing himself to evade his Arrest, Read Judgment
HC Expounds: Writ Court while exercising power u/A. 226 of the Constitution cannot re-appreciate the evidence like the Appellate Authority, Read Judgment
HC Reiterates: Section-56 of Indian Contract Act provides that an Agreement to do an act impossible in itself is void, Read Judgment.
HC Upholds: Discharge of Judicial Officer for approaching Union Minister for a recommendation of Transfer, Read Judgment
HC Holds: Criminal Courts are not meant to be used for settling scores or pressurize the parties to settle the dispute, Read Judgment
HC Enunciates: State’s responsibility to conduct meeting of Departmental Promotion Committee for grant of Promotion, Read Judgment
HC Opines: Re-appreciation of Evidence cannot be permitted under ground of patent illegality appearing on the face of Award, Read Judgment
HC Opines: In exceptional cases involving emergency conditions delay in writing down information may not be regarded as a violation of S. 42 NDPS Act, Read Judgment
HC Holds: Once petition is filed for Anticipatory Bail, its required to be decided on its merit, Read Judgment
[S. 222 CrPC] HC: Person charged with an offense consisting of several particulars, then, it shall be sufficient to convict the accused for the major offense and not for each particular offense, Read Judgment
HC Observes: If Dowry Demand made soon before unnatural death of Deceased, presumption u/S. 113-B of the Evidence Act can be drawn, Read Judgment
HC Opines: ‘Possession with knowledge of stolen article is the essence of offence under Section 412 of Indian Penal Code’, Read Judgment
HC Holds: Once cognizance has been taken,second cognizance order is not warranted, Read Judgment
HC Opines: Once a petition for discharge is filed before learned court, Court has to apply its judicial mind and not required to act as Post Office of prosecution, Read Judgment
HC Enunciates: Discovery by means of interrogatories can be objected to on the ground that it is scandalous, irrelevant and mala fide, Read Judgment
HC Holds: While considering Transfer Petitions, convenience of Wife is to be preferred over convenience of Husband, Read Judgment
[S. 145 of Indian Evidence Act] HC Opines: Contradiction can’t be considered until and unless the attention of the witness is drawn to his earlier statement, Read Judgment
HC Opines: While disposing of Bail Application of a Juvenile, gravity or nature of offence cannot be taken into consideration, Read Judgment
[S. 171 of Indian Contract Act] HC: In the absence of a Contract to the contrary, bankers could retain, as a security for a general balance of account, any goods bailed to them, Read Judgment
HC Expounds: Filing of Charge Sheet cannot be a ground for allowing a second Anticipatory Bail Application, Read Judgment
HC Opines: To attract Section-149 I.P.C, there should be a common object or common intention, Read Judgment
HC Expounds: Unexplained long delay cannot be condoned merely by stating in the interest of Justice, Read Judgment
HC Opines: Whenever there is a case of sudden fight and conflict, it has to be dealt with under Exception 4 to Section 300 of IPC, Read Judgment
HC Reiterates: Woman entitled to live a life in a similar manner as she would have lived in house of her Husband, Read Judgment
HC Enunciates: Free Fight without any intent to humiliate member of SC/ST by Caste Name can’t constitute an offense under SC/SC Act, Read Judgment
[Order XXIII Rule 3(a) CPC] HC: 'Formal defect’ must be given a liberal meaning which connotes various kinds of defects not affecting merits of plea, Read Judgment
HC Opines: Writ Petition before High Court under Article 226 of Constitution of India not a remedy for execution of Arbitration Award, Read Judgment
HC Expounds: When Transfer Order is made bona fide, personal inconvenience shouldn't come in way of smooth administrative functions and greater public interest, Read Judgment.
HC Opines: While disposing discharge application, Court neither can appreciate evidence nor can conduct Mini Trial, Read Judgment
HC Enunciates: It would not be proper for a Counsel to appear in Witness Box without retiring from case as Counsel, Read Judgment
HC Expounds: To add array of deleted accused has to wait till the case reaches the stage of Section 319 Cr.P.C. is unsustainable, Read Judgment
[S.498A IPC] HC Reiterates: Laudable Objective of inserting Section 498-A of IPC into statute is to penalize Husbands or their relatives for cruelty to their Wives, Read Judgment
HC: Power u/S. 4 of the Probation of Offenders Act is to be exercised having regard to the circumstances of the case including the nature of the offence and the character of the offender, Read Judgment
HC directed District Collector to ensure that no Illegal Sand Mining is permitted at Neeva River Bed, Read Judgment
HC Expounds: Veracity of allegations made by Complainant cannot be tested in exercise of power vested u/S. 482 Cr.P.C., Read Judgment.
HC Expounds: If the case is maliciously lodged against anybody, High Court can exercise power under Section 482 Cr.P.C., Read Judgment
HC Holds: Consent of a Minor Girl is immaterial in a Rape Case, Read Judgment
HC Holds: Evidence of prosecutrix is to be treated at par with that of an injured witness, Read Judgment
HC: Injured person has the choice to claim the whole damage against all or any of the wrongdoers, in a case of composite negligence, Read Judgment
HC Enunciates: Testimony of sole eye-witness sufficient to hold accused guilty if it inspires confidence, Read Judgment
HC Expounds: Section 304-B IPC permits presumption of law only in a given set of facts which are to be proved and then only law will presume, Read Judgment
HC Opines: Mere fact that different views on same subject are possible is no ground to review earlier judgment, Read Judgment
HC Expounds: Unregistered Instrument of Settlement and Evidence of Possession can be considered as sufficient proof of settlement in matters of Agricultural Lease, Read Judgment
[Section 125 CrPC] HC Holds: Wife living separate from husband without any Reasonable Cause is not entitled to any amount of Maintenance, Read Judgment
HC Enunciates: Sexual Intercourse with a woman 'against her will' or 'without her consent' is essence of offence of rape, Read Judgment
HC Expounds: In Absence of proof of Postmortem Examination Report, its difficult to ascertain intention or knowledge of assailant to cause death, Read Judgment
HC Enunciates: Testimony of an injured Witness is entitled to a higher degree of credence, Read Judgment
HC Opines: Mere delay in holding TIP cannot be a ground to cast away Prosecution's Case, Read Judgment
HC: Purchasing a homestead land couldn't be treated as a case of emergency for release of tamount invested in a fixed deposit in name of Claimants, Read Judgment
HC grants bail on ground that main accused and other co-accused persons are already released on regular bail/anticipatory bail, Read Judgment
HC Opines: Once Execution of Cheque is admitted S. 139 N.I. Act mandates that Cheque was for discharge of Debt or other liability, Read Judgment
HC Enunciates: Mere pendency of Confiscation Proceeding no bar to dispose of Application for release of Vehicle, Read Judgment
HC: Fraudulent or dishonest intent is evident from the beginning of the transaction, a breach of contract does not result in criminal prosecution for cheating, Read Judgment
HC Expounds: Mere pricing of a product cannot be sole criteria for declaring a Bidder successful, Read Judgment
HC Enunciates: Question of Liquidated Damages would arise only when Contract is terminated on account of Breach of Terms and Conditions, Read Judgment
HC: S. 36 Cr.P.C. provision doesn't empower any Police Officer superior to I.O. of case to impose their views regarding whether case is made out against accused or not, Read Judgment
[S. 125 CrPC] HC: Duty of the Court to see as to whether the husband having sufficient means neglects or refuses to maintain his wife, Read Judgment
HC Opines: Minor delay in Institution of FIR is not fatal to prosecution case if Testimony of Prosecutrix is cogent, reliable, and trustworthy, Read Judgment
HC quashes FIR while exercising power u/S. 482 Cr.P.C. based on compromise and settlement between the parties, Read Judgment
HC dismisses PIL against Bar Council for misappropriation of funds collected through sale of Stamps meant for welfare of Advocates, Read Judgment
HC postponed the non-bailable warrant against Congress leader Rahul Gandhi for a month, Read Judgment
HC Expounds: Parameters for disposal of Bail Application of Juvenile different from Regular Bail Application u/S. 437 Cr.P.C., Read Judgment
HC Opines: To constitute an offence under Section 306 IPC, all essential ingredients of Section 107 IPC have to be complied with, Read Judgment
HC Reiterates: Revisional Court shouldn't re-appreciate Evidence or interfere with findings of fact, unless they are perverse or unreasonable, Read Judgment.
HC Reiterates: Even in Ex-Parte proceeding against husband, wife still required to file Affidavit to find out her Assets/Liabilities/Source of Income etc, Read Judgment
HC Enunciates: Chain of Evidence must be so complete as to eliminate any possibility of a conclusion could support Accused's Innocence, Read Judgment
HC Expounds: Mere pendency of a Crime is not an Impediment to the issuance of a Passport, Read Judgment
HC: Its necessary to appoint a Commissioner for localizing property regarding identity of property in litigation, Read Judgment
[S. 411 IPC] HC Expounds: To prove offence, it is mandatory for prosecution to establish that retaining of goods with knowledge that its a stolen property, Read Judgment
HC Opines: Relevancy of document is to be decided first before marking the same as an Exhibit, Read Judgment
HC Enunciates: Possession of one co-sharer is possession for all, Read Judgment
HC Expounds: Rules of Procedure are made to advance cause of Justice, Read Judgment
[S. 25(4) of the Drugs and Cosmetic Act] HC Opines: No Court is under compulsion to cause sample so tested if request is made after a long delay, Read Judgment
HC Expounds: At the stage of framing of charges, it is not required to examine that the case would end in acquittal or conviction, Read Judgment
HC Expounds: In Bail Applications its not required to conduct a thorough investigation of merits of the case, Read Judgment
[Contributory Negligence] HC Reiterates: The accident reported in the FIR makes it abundantly evident that the accident took place due to negligence, Read Judgment
HC Reiterates: When addressing Order 41 Rule 27 CPC rule, Appellate Court must determine ‘true test’, Read Judgment
HC Enunciates: Adolescent love cannot be controlled by Courts andJudges have to be careful in granting or denying Bail in such matters, Read Judgment
[Article 141 of the Constitution of India] HC: Law declared by Supreme Court is binding on all Courts within territory of India, Read Judgment
HC Opines: Re-evaluation by a third examiner can’t be permitted except in a case where variation between marks awarded by the first two examiners exceeds 20%’, Read Judgment
HC Opines: Objective behind Order IX Rule 7 CPC is to prevent unnecessary delays in judicial process, Read Judgment
HC Expounds: Detaining Authority must record a subjective satisfaction reflecting application of mind regarding nature and gravity of offence, Read Judgment
HC Expounds: Act will amount to an Attempt to Murder if its such that if its not prevented or intercepted, it would be sufficient to cause death of victim, Read Judgment
The investigating officer unaware of the legal requirements for Electronic Evidence and Admission in Court; HC upheld the Judgment of the Trial Court, Read Judgment
HC Enunciates: Absence of injury to a victim of sexual assault will not in all cases be fatal to Prosecution, Read Judgment
HC Expounds: Party's refusal to take objection doesn't always imply a waiver, Read Judgment
[S. 366A of IPC] HC Enunciates: Taking or enticing away a minor out of keeping of lawful guardian, is an essential ingredient of offence, Read Judgment
HC Opines: Assault to cause death which fails and isn't accomplished is essence of offence of attempt to commit Murder, Read Judgment
HC Expounds: The objective behind the GST Act is the levy and collection of Tax on the Intra state supply of Goods or Services, Read Judgment
HC directed State to file a comprehensive Counter Affidavit regarding the implementation of the Ayushman Scheme, Read Order
HC Expounds: Procedure given under Section 52A NDPS Act not followed, cannot be said accused entitled to bail, Read Judgment
HC Opines: Defective Investigation not sole ground for acquittal of Accused, Read Judgment
[Absence of Corroborative Medical Evidence] HC: Injuries were not proved and the Ocular evidence cannot be the sole ground for convicting the appellants, Read Judgment
HC Opines: When Promise of Marriage is given after physical relationship, offense of Rape will not be made out, Read Judgment
[S. 311 r/w S.91] HC Reiterates: To ensure a fair trial, documentary evidence may also be adduced even after conclusion of Evidence, Read Judgment
HC: Conviction can be based upon Testimony of Sole Eyewitness if it inspires confidence, Read Judgment
HC Opines: Payment of Examination Fees is such a criteria upon which candidature can be rejected, Read Judgment
[O. XLI R. 27 CPC] HC Opines: Merely allowing application and taking document on record will itself not be sufficient to mark Exhibit, Read Judgment
HC Opines Candidates not fulfilling the requisite qualification at the time of Appointment, are not eligible for Appointment, Read Judgment
HC Opines: Conviction made solely based on last-seen evidence can’t be said to be justified, Read Judgment
HC Expounds: Ruling on a question of law that is later overturned or modified by Superior Court in another case doesn't form a ground for Review, Read Judgment
HC Opines: Examination of Investigation Officer becomes crucial in cases of Circumstantial Evidence, Read Judgment
HC: When an Employee is guilty of misappropriation of an amount quantum of amount is immaterial, Read Judgment.
HC: Issuance of notice without providing an opportunity to submit an explanation violates the principles of Natural Justice, Read Judgment
HC Expounds: Jurisdiction of HC u/S. 397 of Code of Criminal Procedure is to be exercised only in exceptional cases, Read Judgment
[Failure to Register FIR] HC Expounds: Aggrieved Party must exhaust other remedies before filing a Writ Petition u/A. 226 of Constitution of India, Read Judgment
HC Enunciates: Mere allegation of threat to life is not enough to transfer the case, Read Judgment
HC Opines: Absence of availability of suitable candidates sanctioned vacant posts should not continue to remain vacant for successive years, Read Judgment
HC Expounds: Cases where a Marriage has irretrievably broken down, carrying on with relationship will just cause further uncertainty, Read Judgment
HC Holds: Employee cannot be denied back wages for time he was illegally kept from performing his duties, Read Judgment
HC Reiterates: Dying Declaration can be treated as a substantive piece of evidence, Read Judgment
[S. 311 Cr.P.C] HC Opines: Discretion given to Court has to be exercised judiciously to prevent failure of Justice and not Arbitrarily, Read Judgment
HC Enunciates: Notice issued under Section 41A CrPC no bar on maintenance of Anticipatory Bail Application, Read Judgment
HC: Intention or Knowledge are mental elements that can only be inferred from the nature of Weapon used, and the part of body in which such injury is inflicted, Read Judgment
HC Orders CBI Investigation into allegedly false rape accusation by female police constable, Read Judgment
HC Opines: Failure to explain injuries sustained by accused can significantly impact Prosecution Case, Read Judgment
HC: Passing of remarks against a Judicial Officer, while discharging Judicial functions without giving an opportunity, amounts to a violation of the principles of Natural Justice, Read Judgment
HC Opines: Court while sitting in S. 482 Jurisdiction is not functioning as a Court of Appeal or a Court of Revision’, Read Judgment
[S. 152 C.P.C.] HC Holds: Amendments can be made as long as there's no dispute to identity of property and a separate suit was not warranted, Read Judgment
HC Opines: Public orders shall stand or fall on strength of orders themselves, not by subsequent clarifications, Read Judgment
HC Opines: To discharge initial burden with certainty, it must be proved that Accused is guilty of offence, Read Judgment
HC Expounds: If absence is result of some compelling circumstances which is beyond control, it cannot be said to be wilful, Read Judgment
HC Opines: Abuse made outside premises of house before persons other than relatives amounts to public view, Read Judgment
[S. 482 CrPC] HC: Inherent Power can be invoked to meet ends of Justice or where continuation of proceedings may amount to abuse of process of Court, Read Judgment
HC: Assuming that there exist, a Civil Dispute cannot be a ground to come to a prima facie conclusion that offenses alleged are in relation to a Civil dispute, Read Judgment
HC Opines: To draw contradiction u/S. 145 of Evidence Act, its first necessary to draw attention of witness towards his statement made u/S. 161 of the Cr.P.C, Read Judgment
HC Expounds: Anticipatory Bail is not to be granted as a matter of routine, Read Judgment
HC Holds: Simply because Police laid a charge sheet, it doesn't automatically lead to a conclusion about bonafide of the case, Read Judgment
HC imposes a fine of ₹1,25,000/- on Union Minister Arjun Munda for not rectifying errors in quashing petition, Read Order
HC Reiterates: Court should record satisfaction that accused is absconding or concealing to evade arrest while issuing a proclamation u/S. 82 CrPC, Read Judgment
HC Expounds: Essential ingredient to be attracted for the offense u/S. 467 and 468 IPC is a forgery, Read Judgment
HC Opines: If requisite Stamp Duty is paid, then Sub-Registrar is duty-bound to execute and register the Sale Deed, Read Judgment
HC Expounds: Protection u/A. 311 of Constitution of India is exclusive to Government Employees who have been duly appointed, Read Judgment
HC Enunciates: Mere granting permission to file a document doesn't amount to acceptance of veracity of contents of document, Read Judgment
[S. 8 of the Arbitration and Conciliation Act] HC Opines: Its the duty of parties to the Agreement to refer any of their disputes to Arbitrator, Read Judgment
HC: HC while exercising Jurisdiction u/A. 226 of the Constitution of India cannot go into the issue of disputed question of facts, Read Judgment
HC: An indispensable obligation is cast upon Authorities to furnish every piece of incriminating material that it intend to rely upon against Employee, Read Judgment
HC Opines: Non-production of seized material would create a negative inference within meaning of Section 114(g) of Evidence Act, Read Judgment
HC Expounds: Purpose of framing Regulations would be frustrated if authorities allow encroachments without initiating action, Read Judgment
HC grants Bail to accused person considering that he surrendered on his own wisdom, Read Judgment
HC Opines: Decision to grant special family Pension under Central Civil Services (Pension) Rules, 2021 not only dependent on objection from other Claimants, Read judgment
HC Opines: Pension not a bounty or a charity, its earned by Employee on account of meritorious past services, Read Judgment
HC Opines: In order to determine common object, court is required to see circumstances surrounding the incident, Read Judgment
HC: Jurisdiction of court u/A. 227 of Constitution of India can’t be invoked routinely while seeking interference from HC in pending Suit proceedings, Read Judgment
HC Reiterates: Once Court sets aside an order of punishment on the ground of ineffective inquiry, court cannot reinstate Employee, Read Judgment
HC: If execution case is kept pending beyond six months, Executing Court has to record reasons as to why the Decree has not been executed by that time, Read Judgment
HC Opines: An indispensable obligation is cast upon Authorities to furnish every piece of incriminating material which they intend to rely upon against Employee, Read Judgment
HC Expounds Other Accused persons released on bail can’t be ground to grant Anticipatory Bail, Read Judgment
HC: Wife is well qualified and earning something can’t be a ground to reject her claim for Maintenance, Read Judgment
HC Holds: Under Sec-482 CrPC, court must exercise its powers to do real and substantial Justice, depending on facts and circumstances of case, Read Judgment
HC Opines: Where Narcotic Drugs and Psychotropic Substances are involved, Accused would indulge in activities that are lethal to society, Read Judgment
HC Expounds: High Court’s acting u/A. 226 of Constitution should not ordinarily issue directions for absorption, regularization, or permanent continuance, Read Judgment
HC: Mere delay in holding Test Identification Parade by itself cannot be a ground to reject the TIP, Read Judgment
HC Opines: Factum of Second Marriage in lifetime of first wife is sufficient to hold Husband guilty for the charge under Section 498A I.P.C, Read Judgment
HC Enunciates: Stage of Section 244 of Code of Criminal Procedure cannot go endlessly, Read Judgment
[S. 362 IPC] HC: There has to be an element of force, compulsion or deceitful means or any inducement, which would directly or indirectly force a person to go with the abductors, Read Judgment
HC directs the state to constitute the transgender welfare board within two weeks, Read Order
[Cattle Cruelty] HC directs District Collectors Kakinada and East Godavari to file reports as to how the Government Order has been implemented, Read Order
HC permits Hemant Soren (EX- CM) to attend the last rites of his uncle under police custody, refused interim bail, Read Judgment
HC Opines: Mere presence at place of occurrence will not be sufficient for applying S. 34 of Indian Penal Code, Read Judgment
HC Opines: Merely if the seizure list witness turns hostile, the entire prosecution case can’t be cast away, Read Judgment
HC Expounds: In case of Sexual Assault, a solitary account of prosecutrix is sufficient to bring home a charge against the accused, Read Judgment
HC Opines: Question of hindrance in Investigation will be there even after issuance of Notice u/S. 41-A accused person didn’t appear, Read Judgment
HC Opines: No bar in law in examining an inimical, interested, or related witness by a party to support his case, Read Judgment
HC: Condonation doesn't fall as a Matter of Course, nor can it be taken for granted that delay ought to be condoned in any given situation, Read Judgment
HC Enunciates: Enquiry Court has to examine all Complainant Witnesses, if the case is exclusively triable by the Court of Session, Read Judgment
HC: A mere bald assertion of Dowry Demand will not suffice, there should be consistent evidence regarding the nature of demand, whether it was in cash or in kind, Read Judgment
HC Opines “Mens Rea is one of the essential ingredients of the offence punishable under Section 418 of the Indian Penal Code’, Read Judgment
HC Opines ‘In the case of attempt on the life by firearm, where the firing misses the target, and no injury is caused then, insistence on injury will not be justified’, Read Judgment
HC Expounds Mere apprehension that the accused would tamper with the Prosecution evidence or intimidate the witnesses cannot be a ground to refuse bail, Read Judgment
HC Opines ‘Without any rectification in the registered instruments, the revenue records cannot be corrected’, Read Judgment
HC Opines ‘In a suit for declaration of title, the burden heavily lies on the plaintiffs to prove their right and title in the schedule property’, Read Judgment
HC Opines ‘In matrimonial cases, the convenience of the wife has to be given preference than the inconvenience of the husband’, Read Judgment
HC Opines ‘Reopening of Evidence at the stage of arguments could only be allowed in exceptional and rare cases’, Read Judgment
HC Opines ‘Attitude to Arrest first and then proceed with the rest is despicable’, Read Judgment
HC holds that in each case, the need to appoint a Commissioner is to be independently examined, Read Judgement
[S. 100 CPC] HC: Court may formulate any Substantial Question of Law even though the same has not been formulated in the memorandum of Second Appeal, Read Judgment
HC: It is necessary to establish the demand of Dowry soon before the death to draw the Presumption u/S. 113B of the Evidence Act, Read Judgment.
HC Expounds Applications are not normally entertained, when there has been an inordinate delay in the filing and no explanation for the delay is provided, Read Judgment
HC: Amendment to the Plaint would be permissible, even after the Commencement of Trial, Read Judgment.
HC: Suspension is an Interim measure in Aid of Disciplinary Proceedings, Read Judgment
HC Enunciates Every Authority must disclose the material that has been relied upon at the stage of Adjudication, Read Judgment
HC: Once the Civil Court is seized of the matter, it goes without saying that the proceedings u/S. 145/146 CrPC cannot proceed and must come to an end, Read Judgment
HC Opines ‘Once the issue is civil in nature, the police have no authority to Investigate the subject crime, Read Judgment
HC: Petition seeking the opinion of an expert can be filed at any stage, but when it comes to sleeping over the rights for a long time without justification, then, the same cannot be allowed, Read Judgment
HC: Abetment as envisaged u/S. 306 IPC involves a mental process of instigating a person or intentionally aiding that person in doing a thing that led to the commission of suicide, Read Judgment
HC Reiterates: Summons in a criminal case to face trial cannot be issued against positions or posts as a post is not a juridical person, Read Judgment
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