Bringing you the Best Analytical Legal News
The Calcutta High Court clarified that rejection of the plaint is not warranted based on allegations of collusion or lack of cause of action, which are factual issues to be determined during the trial.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on claim of adverse possession.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
“A brother for a sister is a protector, confidant and a lifelong friend. They share a unique bond that nothing can replace. A sister is a treasure beyond measure for the brother whereas a brother is a hero in disguise and a role model for the sister”.
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Transfer of Property Act, 1882.”
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
It was alleged that during his tenure as Prime Minister, Imran Khan had deliberately concealed the details of the gifts he retained from the Toshakhana.
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on breach of contract.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same
Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question
The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.
To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.
The Delhi High Court opined that passing comments like “negligent” and “insensitive” might impair a person’s confidence, work, and reputation, thus, the Court deleted remarks in the orders passed by Trial Court against police officers.
The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.
The Delhi High Court dismissed Dabur's plea of passing an interim direction to stay the order of Advertising Standards Council of India and held that Dabur's product ‘Dabur Vita' was violating advertisement code.
Judicial Officers were given a show-cause notice by the Gujarat High Court for not following the Court’s orders and directions