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KEY TAKEAWAYS Order IX of the Code of Civil Procedure contains the rules controlling the appearance of parties and the consequences of their failure to appear. Ex-parte decree has the same legal validity, enforceability and operation as any other bi-parte decree. li styl..

While refusing to quash the criminal proceedings against a public servant, the Jharkhand High Court in a learned, laudable, landmark and latest judgment titled Pushpendra Kumar Sinha vs The State of Jharkhand in Cr.M.P. No. 2632 of 2021 delivered as recently as on January 24, 2022 refused to quash criminal proceedings against a public servant, where the trial has al..

KEY TAKEAWAYS The Indian Penal Code and the Law of Torts both define malicious prosecution. The plaintiff can seek damages on the following three counts in a..

Section 372 CrPC: Right Of Appeal Of Victim Absolute; Special Leave Not Necessary: SC The Hon’ble SC, in the case of Joseph Stephen vs Santhanasamy has held that the right of appeal that has been provided to the accused under section 372 of CrPC is an absolute right and no special leave is necessary in this case..

In Rajendrabhai Maganbhai Koli vs Shantaben Maganbhai Koli the Hon’ble Gujarat HC has held that the time limit for the filing of the written statement that is provided under Order VIII Rule 1 is directory and not mandatory. But the Court also held that the same discretion has to be exercised sparingly and not as a matter of routine. li style="t..

The Hon’ble SC, in the case of State of Punjab vs. Anshika Goyal has observed that providing a reservation to a class of persons, and the percentage decided from the same is a policy decision, and the HC cannot, under Article 226, issue a writ of mandamus for the same. In the instant case, the Punjab and Haryana ..

The Hon’ble SC, in the case of Joseph Stephen vs Santhanasamy has held that the right of appeal that has been provided to the accused under section 372 of CrPC is an absolute right and no special leave is necessary in this case, as is needed in section 378(4) of CrPC. Additionally, the Court has also held that the HC, in the exercise of revisional juri..

KEY TAKE AWAYS FIR its meaning, objectives, contents, its evidentiary value and its corroborative value. Understanding related concepts like Cognizable and Non-Cognizable offences, Information and Complaint. Some important case laws that b..

KEY TAKEAWAYS The detention of a minor child by a parent or others if proved had taken place illegally and without legal authorization, the writ of habeas corpus can be invoked in cases of child custody. The Hindu Minority and Guardianship Act 1956 or the Guardians and Wards Act..

KEY TAKEAWAYS Article 51A(a) of the Constitution of India states that it shall be the fundamental duty of every Indian citizen to "abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem". Supreme Court: the guidelin..

The Consumer Protection Act, 1986 was enacted to promote consumer welfare and protect the rights of the consumers, and in order to accomplish the same, the Consumer Commissions in the National, State and District level for Consumer dispute redressal was established. In contrast, the objective of these Commissions was to deliver justice and provide cost-effective and..

While drawing the red line on what a Kazi can do in his role to settle dispute, the Indore Bench of Madhya Pradesh High Court on January 12, 2022 has in a learned, laudable, landmark and latest judgment titled Aadil vs Union of India and others in 2022 LiveLaw (MP) 13 in Writ Petition No. 24741/2018 (PIL) clearly laid down that a Kazi can entertain a dispute and act..

KEY TAKEAWAYS The Indian Constitution came into effect on January 26, 1950, and number of amendments have been made since then. India is considered to be a sovereign, socialist, secular, democratic, and republic with a parliamentarian government. li style="text-align: ju..

KEY TAKE AWAYS Though there are no laws specific to blasphemy India there are some provisions relating to it mentioned under the IPC. The events of the Charlie Hebdo Case and what was held. The events of the Anika Attique Case and what was..

INTRODUCTION Dowry death was first used around 1977-78 when investigations pointed out that death of many women which were earlier labelled as suicide and accidental deaths were a..