Legality of refusal of application to file suit as indigent person, on ground of res judicata and lack of cause of action, determined. When having prima facie found that the plaint does not disclose any cause of action and the suit is barred by res judicata it cannot be said that the Trial Court committed […]
Duomatic Principle applicable even in the Indian context – Strict adherence to a statutory requirement may be dispensed with if it is demonstrated otherwise on facts, if the same is consented by all members – Principle is only applicable in those cases wherein bona fide transactions are involved – Fraud is a clear exception. (Para
In this case, deceased, a mason, aged 48/52 yrs, died in January, 2002 and was survived by his widow and children. For determination of compensation, future prospects and rise in income, considered. Held, We are of the opinion that in the facts and circumstances of the case, if 25% of Rs. 3,000/- per month is
Motor Vehicles Act, 1988 — Ss. 166 & 168 — Fatal accident — Just compensation: Read More »
Intestate Succession and Escheat: When wills were not found proved by three courts below, in such case, transfer of interest in the property concerned shall take place according to the rules of intestate succession. Para 15. [Aman Sharma v. Umesh, (2022) 8 SCC 798]
Family Property, Succession and Inheritance Read More »
Condonation of delay in filing of application for setting aside ex parte decree- necessity of proper examination of whether ex parte decree was justified, and whether sufficient cause had been shown for the delay. Proper forum for challenging refusal to set aside ex parte decree under Or. 9 R. 13, ascertained. With the refusal of
Or. 9 R. 13 and S. 115 — Setting aside of ex parte decree Read More »
In this case of double murder based on circumstantial evidence, links in the chain of circumstances were completely established. High Court, held, has not properly appreciated entire evidence on record. Findings recorded by High Court are perverse. High Court, held, committed grave error in observing that prosecution failed to prove link evidence, which could establish
Penal Code, 1860 — S. 302 Read More »
A writ petition was filed before the Gujarat High Court challenging Notification 8/2017 and Notification 10/201713. Core taxable event under GST Regime is supply of goods or services, or, both, either individually or as composite supply, which composite supply cannot be dissected and taxed separately or additionally if the composite supply itself is taxable. The
Application under the MV Act has to be decided on basis of evidence led before it and not on basis of evidence which should have been or could have been led in a criminal trial. The entire approach of the High Court is clearly not sustainable. Para 11. Held, We find that the appellants are
Validity of test identification parade (TIP), determined. If identification in the TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of TIP inadmissible, even an identification in a court during trial is meaningless (Shaikh Umar Ahmed Shaikh and Anr. v. State of Maharashtra 29). Even a
Evidence Act, 1872 — S. 9 — Test identification parade (TIP) Read More »
Plea of “legal privilege” under S. 129, for non-disclosure of documents/opinions to the accused is untenable, where such documents/opinions form basis for initiating criminal prosecution. Held, SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part and such selective disclosure cannot be countenanced
Evidence Act, 1872 — Ss. 126 to 129: Plea of “legal privilege” under S. 129 Read More »
Terms & Conditions
The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:
The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising. I AGREE