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Key Takeaways When a person writes a check to someone else, he or she may not be aware of the current bank balance, and the check may be returned unpaid. In such cases, the cheque drawer is given 30 days to refund the money to the payee.  The Negotiable Instruments Act of 1..

In Oriental Insurance Co. Ltd v. V. Babu & Ors, the Kerala High Court held that those filing a claim u/s 166 of the Motor Vehicles Act, have to prove not only the driver's or rider's negligence but also that the person sustaining injuries in the motor accident died due to the injuries.  The Court furth..

In Narayan v Mrs. Sangita and Anr, the Bombay High Court held that an employee is entitled to claim compensation both under section 140 of Motor Vehicles Act,1988 and under section 3 of Workmen's Compensation Act, 1923 as well. The Court also held that the compensation awarded under Chapter X of the Motor Vehicles ..

Key Takeaways A brief introduction of the term ‘indemnity’ and its meaning in the context of the Indian Contract Act, 1872. The specific provisions under the Indian Contract Act deal with the contract of indemnity and the rights of the indemnity holder. li st..

In Suresh Raj vs National Investigation Agency the Hon’ble Kerala HC has observed that the Special Court constituted under the National Investigation Agency Act can invoke the powers under section 306 CrPC to grant pardon to an accused at the post cognizance stage. The Court also observed that the person to whom ..

Key Takeaways The rule of evidence requires each party to present the best evidence available in order to prove their claim. The Burden of Proof is qualified by the Standard of Proof, which is dependent on the assertions made. Proof beyond..

In Ex. Ct. Mahadev vs Director General Border Security Force, the Supreme Court has held that if an accused takes the plea of private defence then the degree of burden of proof will not be beyond reasonable doubt. The Court further held that it would be sufficient if he can show the preponderance of probabilities...

In Mukesh Bansal v State of UP, the Allahabad High Court has Monday issued a few guidelines in order to prevent the misuse of Section 498A of the Indian Penal Code (IPC). One of the most important points that emerges from these guidelines is that after lodging an FIR under 498A IPC, no coercive action can be taken agai..

In Anand Singh Versus The State of Maharashtra, the Bombay High Court has held that in order to seek enhancement of the offender's jail time, a victim has to file a revision application and not an appeal against the trial Court's judgement. The background of this case is that in 2010, the victim's father pl..

Key Takeaways Under Section 5 of the Hindu Marriage Act, 1955, certain conditions must be met for a marriage to be valid; if these conditions are not met, the marriage is considered void or voidable. The parties in a void and voidable marriage have recourse under Sections 11 and..

In M/s SGM Packaging Industries versus M/s Goyal Plywood LLP, the Punjab and Haryana High Court has held that a matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) even if the parties have not signed an arbitration agreement. Justice Lisa G..

In Mukish v. State, the Delhi High Court has upheld the life imprisonment sentence given to a man for committing rape of a 4 year old minor girl. A division bench consisting of Justices Mukta Gupta and Mini Pushkarna was hearing an appeal filed by the accused, against the order passed by the POCSO Judge giving him a se..

Key Takeaways An overall scenario of bigamy and a brief comparison of such practice in earlier times and today. The laws in India that discourage and prohibit the practice of bigamy and provide for strict punishment regarding such offenses. h2 style="text-align: ..

Key Takeaways The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge. The 9th schedule, as well as Article 31B, was introduced to the Constitution of India in 1951 as part of the 1st amendment. It was intended to adopt some n..

In Soni Anil Kumar Prahladbhai v. State of Gujarat, the Gujarat High Court held that an accused can be considered a competent witness if he makes a written request to the concerned court under Section 315 CrPC. The Hon'ble Court dismissed a petition challenging the order of the Sessions Court that rejected the appl..