An observation from Justice Deepak Roshan of the Jharkhand high court was that "While section 138 of the Act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under section 139is a device to ..
Supreme Court observed that under Order VII Rule 11 of the Code of Civil Procedure, 1908, a Court has the authority to reject a plaint suo moto. Before exercising this power, the court needs to hear the plaintiff. The court cannot reject the plaint ..
According to the Bombay High Court, the court's power to reject a plaint under Order 7 Rule 11 of the Civil Procedure Code (CPC) is a drastic power that must be exercised with caution. In a property dispute, Justice Anuja Prabhudessai was heari ..
According to the Jharkhand High Court, the right to shelter is a fundamental right of every citizen under the Constitution, and any violation of this right by the state must result in judicial intervention to protect the occupants of a dwelling hous ..
Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Motor Vehicles Act held by the supreme court. The two-judge Bench of Justice Hemant Gupta and Justice Vikram Nath observed th ..
The Gujarat High Court ruled that a party cannot seek the appointment of an arbitrator over a "dead" cause of action or resurrect a claim barred by the Law of Limitation. The Court was considering an application for the appointment of an ..
The Rajasthan High Court with a bench of Justice Manindra Mohan Shrivastav and Justice Shubha Mehta held before the court that any material evidence is required to prove that the income exceeding 50,00,000 chargeable to tax has been escaped from ass ..
The Supreme Court noted that Section 17 of the SARFAESI Act provides for a 45-day time limit for filing an application in order to expedite the enforcement of the security. \ According to Section 17 of the SARFAESI Act, an application against measur ..
The Kerala High Court ruled on Thursday in a significant decision that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act because it is the record ..
Mere allegations of harassment or pressure doesn’t make an individual accountable for suicide. Proof of an act done is necessary. Only a positive act which led the deceased to commit suicide will attract offence under section 306 of the IPC. S ..
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
