The present appeal involves a very simple issue but when the background facts are considered it projects some highly emotional and sensitive aspects of human life...
BURDEN OF PROOF..
(i) A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused. For..
(i) Whether the agreement of sale executed on two stamp papers purchased on different dates and more than six months prior to date of execution is not valid? ..
CONSTITUTION - ARTICLE 21 & 22 - CUSTODIAL DEATH - CUSTODIAL VIOLENCE - Power of Arrest - Requirements of - Whether monetary compensation should be awarded for established infringement of fundamental rights guaranteed by Articles 21 & 22 - Held, Cour..
IMPORTANT CASE LAWS ON THE NEGOTIABLE INSTRUMENTS ACT - SEC.138 CASES...
Death punishment - Rarest of rare case - principls and case law discussed..
Permission under s. 155(2)of Cr.P.C.can be granted by the Magistrate on the basis of the application moved by the complainant or any other aggrieved person..
The magistrate is fully empowered to grant remand under proper sections after perusal of the case dairy and applying its judicial mind, ignoring the prayer made by investigating officer in remand application.He is not bound to grant remand for judici..
Direction issued that best medical facilities be made available so as to ensure proper care and supervision during the period of pregnancy as well as for post-natal care. Since there is an apprehension that the woman in question may..
The insurance companies in genuine and bona fide claims of the insurers should not adopt the attitude of avoiding payments on one pretext or the other.This attitude puts a serious question mark on their credibility and trustworthiness of the insu..
It is expected that in all cases where the Magistrate is not restrained from granting bail under section 437 Cr.P.C, where an accused moves an application for consideration of his prayer for bail through his counsel, even without orders of the High C..
The supreme court while setting aside a Full Bench decision of Kerala High Court , has held that jurisdiction of the consumer forum is barred by implication where remedy is provided under a special statute. ..
if the Insurance Company proves that it has no liability to pay compensation to the claimants, the Insurance Company can not be compelled to make payment and later on recover it from the owner of the vehicle - Matt..
The Board does not carry on any commercial, professional or service-oriented activity. No `benefit' is conferred nor any `facility' provided by the Board for any consideration. Therefore, the Board is not a `service provider' and a student who takes ..
Termination of service in Private Sector as per terms of contract of employment is not agasint Public Policy nor in violation of Article 14 of the Constitution of India. Central Inland Water Corporation 1986(3)SCC156 differed...
Specific Relief Act, 1963, Section 16(c) - Ready and willing - Mere assertion in plaint is not sufficient - It must be proved that consideration amount was available - When such proof is not produced before Court then it must be held that plaintiff w..
Leave granted. This appeal, by special leave, has been preferred against the judgment and order dated 8.10.2004 of Bombay High Court by which the revision preferred by the respondent was allowed and the order dated 12.8.2004 passed by the learned Se..
The petitioner has filed the present revision application for setting aside the order passed by the learned Additional District Judge, Fast Track Court-IInd, Later in Sessions Trial,whereby, the learned court below has allowed the petition under Sect..
The Arbitration and Conciliation Act, 1996, which defines `arbitration agreement' u/s 7, does not prescribe any form for the purpose nor does it require an arbitration agreement to be in any particular form. What is required is to gather the intent..
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