One of the fundamental norms of judicial process is that arguable questions either legal or factual, should not be summarily dismissed without recording a reasoned order...
Clause (1) of Article 254 speaks about over-riding effect of a law made by Parliament which the Parliament is competent to enact. Same is the position in respect of a provision of existing law with respect of one of the matters enumerated in co..
Once court confirms the sale in favour of the highest bidder in pursuance of the action, the same cannot be set aside unless some fraud is played collusion. Subsequent higher offer will not be taken into consideration..
(A) Code of Criminal Procedure, 1973 (2 of 1974), Section 319 - Addition of accused - Power of Court - Court can exercise only on the basis of evidence adduced before the Court - Word "Evidence" in Section 319 contemplates evidence of witnesses given..
Pending arbitration, the Arbitrator can grant interim directions and make interim arrangement between the parties. ..
Demand of share of the wife in the ancestral property of the wife does not come within the meaning of "cruelty" defined in I.P.C...
Under Section 9 of Code of Civil Procedure Code whether the Civil Court has jurisdiction in the Labour disputes. Overlapping jurisdiction of two Courts in service matters. Held- when a right accrues under two statutes vis-à-vis the common law right, ..
Relationship of Employer employee relationship ceases to exist after retirement.So the employer cannot initiate any disciplinary action after retirement...
Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. To constitute reasonable doubt, it must be free from an overemotional response. Doubts must be actual and subs..
the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. And if he intents to pass such an order, he is required to record reasons in support of such order. ..
Order of registration of FIR and its investigation by the police is not essential on each and every application under section 156(3) Cr.P.C. ..
There is no parity in rejection of bail...
Presumption of innocence of accused is reinforced by an order of the acquittal. The appellate court could have interfered only for very substantial and compelling reasons. ..
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"falsus in uno falsus in omnibus" has no application in India. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent ..
S. 311 is a general section which applies to all proceedings, enquiries and trials under the Code and empowers the Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. In Section 311 the significant..
If a witness called by the court gives evidence against the complainant, he should be allowed an opportunity to cross-examine. The right to cross-examine a witness who is called by a court arises not under the provisions of Section 311, but under the..
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