leave to appeal Archives

High speed not ‘sine qua non’ to constitute offence under Section 279 IPC; Del HC grants leave to appeal against acquittal

“Possibility of rashness and negligence by a driver cannot be negated on the mere account of low speed, especially when it is alleged that the respondent was driving a heavy vehicle, carrying material over the permissible weight limit, in a zig-zag manner prior to the accident.”

Case Briefs Supreme Court

Transferee pendente lite not entitled to come on record as a matter of right; impleadment will depend on nature of suit: SC

“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.

Case Briefs Foreign Courts

New Zealand SC rejects application for extension of time to apply for leave to appeal in case of a convicted rapist and murderer

Supreme Court of New Zealand: A Bench comprising Glazebrook, O’ Regan and Ellen France, JJ. dismissed an application for extension of time to

Case Briefs Foreign Courts

SL SC | No relief against dispossession by bona fide purchaser where vendor fails to show retention of beneficial interest

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira J. de Abrew, L.T.B. Dehideniya and Murdu

Case Briefs Foreign Courts

SL SC | Reasonable basis required in order to reverse the findings of the trial court; SC sets aside judgment of the HC

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Vijith K. Malalgoda PC J and L.T.B. Dehideniya and P. Padman Surasena,

Case Briefs High Courts

Witness may lie but not the circumstances; charges against accused dropped for lack of evidence

Allahabad High Court: A Division Bench comprising of Vipin Sinha and Ifaqat Ali Khan, JJ. dismissed the appeal as the applicant failed