Month: November 2022

Requirement of giving reasons for the decision is of the essence and is virtually a part of “due process”. Clarified, however, that while the court is not required to give…

In this case, it was to be determined that whether the appellant shared common object to murder the deceased victim. Evidence on record established that all accused persons had come…

Principles reiterated regarding exercise of power under the section. Strong and cogent evidence against person(s) concerned sought to be added as accused under S. 319 is necessary. High court failed…

Principle of in pari delicto for denial of restitution is applicable where the claimant is more responsible for the illegality or the parties are considered to be equally responsible. In…

It is necessary for reviewing Court to demonstrate the error(s) apparent on the face of the record which warranted the review, with reasons. In the present case, except stating that…

Even after process has been issued against some accused on one date, held, process can still be issued by the Magistrate against some other person against whom there is some…

The Indian Penal Code (IPC) 1860 is the official criminal code of India which covers all substantive aspects of criminal law. Shorn of unnecessary factual matrix, this matter essentially emanates…

Delay in informing theft to insurer i.e. alleged violation of a condition of insurance contract in this regard is insufficient to deny claim of insured when FIR regarding theft lodged…

In this case, transfer petition by wife from one State to another where she was residing with her parents was allowed. Husband had not appeared in spite of notice and…

Modification of consent judgment/decree is not permissible when not vitiated by fraud, misrepresentation or a patent or obvious mistake. Application seeking modification of consent judgment/decree filed under S. 152 must…