Fair Opportunity Archives

Res Judicata not applicable to Order 21CPC

Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle

“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”

Case Briefs High Courts

Magistrate’s ‘seen’ remark, without reasoned order, insufficient: Bombay HC grants default bail for delay in filing chargesheet under S. 187 BNSS

“The provision of Section 187(3) BNSS were mandatory in nature and any slightest departure with the statutory mandate had impact of impairing the constitutional right of liberty of an individual although facing the accusations.”

Paternal Uncle acquitted in sexual assault

Case Briefs High Courts

Paternal Uncle set free after 10 years as Bombay HC quashes conviction in 3-year-old niece’s sexual assault case due to non-examination of victim and insufficient evidence

“Unless the Accused is granted a fair opportunity to defend his interest in a fair trial, an order of conviction would stand vitiated merely on such count.”

Case Briefs High Courts

MP High Court directs Sub Divisional Officer to maintain ‘legible’ order-sheets & not treat election proceedings ‘so casually’

The Court found the Sub Divisional Officer’s handwritten order-sheets, nearly illegible, making it difficult for the higher authority to discern the proceedings.