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In a very significant, straightforward and stimulating judgment titled Jagjeet Singh & Ors vs Ashish Mishra @ Monu & Anr in Criminal Appeal No. 632 of 2022 [Arising out of Special Leave Petition (Crl.) No. 2640 of 2022] and cited in 2022 LiveLaw (SC) 376, the Apex Court held that a ‘victim’ as defined under Section 2(wa) of the Code of Criminal P..

Difference between Fraud and Misrepresentation BASIS FRAUD MISINTERPRETATION tr..

Difference between Acquittal and Discharge BASIS AQUITTAL DISCHARGE td..

In Muhammed Hasheer Poolakkal v. United Arab Bank & Anr. (2022), Justice Ziyad Rahman AA observed, while evaluating the legislative intent behind implementing Chapter VIIA of the CrPC, that allowing any individual or institution to file an application would equate to reading into the provision that was never intended to be envisaged. Furthermore, it was ..

KEY TAKEAWAYS The doctrine of relation back was prevalent in uncodified old Hindu law, according to which a son adopted by a widow relates back to the a href="https://www.lawyers..

In the case of Kailash Chandra Panda and ors. vs. State of Orissa and ors. the Orissa HC has held that a revision petition under section 115 of the Code of Civil Procedure (CPC) is not maintainable before the HC against the order of the District Court which is passed in its appellate or revisional jurisdiction. It was clarified that the order must have been ..

Difference between Mortgage and Charge BASIS MORTGAGE CHARGE td style=..

In the case of Rishu Aggarwal vs Mohit Goyal the Delhi HC has held that the denial of conjugal relationship does not amount to ‘exceptional hardship’ or ‘exceptional depravity’ and thus, cannot be a ground for waving of the mandatory cooling period of one year provided under section 14 of the Hindu Marriage Act, in a case of divorce b..

In Dr. Papia Mukherjee v. Aruna Banerjee and Others, Chief Justice Prakash Srivastava (in a single-judge bench) held that the death of a party does not discharge an arbitration agreement. The agreement remains enforceable by/against the legal representatives of the deceased party until the right to sue in respect of the cause of action survives. Furthermore,..

Report After Investigation u/s 173(8) CrPC Must Be Placed Before Magistrate: Chhattisgarh HC In the case of Mirza Dawood Baig vs State of Chattisgarh and ors, the Chhattisgarh HC has held that in cases where any further investigation has been carried out under Section 173(8), then irrespective of its outcome, the repo..

In the case of Besahu Lal Yadav vs State of Chhattisgarh the Chhattisgarh HC has held that when a witness is examined by the Court under section 165 of the Indian Evidence Act, he/she is required to be cross-examined to elicit further truth or other relevant facts.  It is important to note that section 165 of the ..

In the case of Mirza Dawood Baig vs State of Chattisgarh and ors, the Chhattisgarh HC has held that in cases where any further investigation has been carried out under Section 173(8), then irrespective of its outcome, the report of such further investigation must be mandatorily submitted before the Magistrate.  In..

Hindu Adoption And Maintenance Act; Proviso To Section 6 Does Not Render Fathers’s Custody Of Child Below 5 Years Illegal: Patna HC The Hon’ble Patna HC, in GGSS Sitara vs The State of Bihar and ors. has held that the proviso to section 6 of the Hindu Adoption and Maintenance Act (HAMA), though carves out ..

In Versova Kokni Sunni Jamat Trust versus Centralised Processing Centre Bangalore (2022), a bench of the Mumbai Income Tax Appellate Tribunal observed that even if a Trust is not registered under Section 12 A of the Income Tax Act, the corpus donations received by the Trust for a specific purpose will not be taxable as they are like a capital receipt. ..

In the case of Trimbak Arun Barude vs State of Maharashtra the Hon’ble Bombay HC has refused to grant anticipatory bail to a man charged for the offence of raping his minor wife under section 376 of IPC. The Court was of the opinion that the accused could not take up the defence of being married to the victim and..