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KEY TAKEAWAYS Sections 96 to 99A; 107 to 108; and Order 41 of the Code of Civil Procedure deals with first appeals from initial rulings. Appeals from convictions, are all outlined under Sections 372,373 and 374 of the CRPC CCP’s Sect..

KEY TAKE AWAYS When a Proposal is Accepted it becomes a Promise. When that Promise is met with Consideration that then becomes an Agreement. And finally, when that Agreement is enforceable by law it is said to be a Contract. Void, valid contract, Void contracts and Voidable cont..

Not Taking Treatment For Mental Issues To Bring Peace To The Family Amounts To Cruelty: Kerala HC The Hon’ble Kerala HC has described the scope and ambit of cruelty while granting a decree of divorce in the case of Mary Margret vs Jos P Thomas and has held that not taking treatment for mental issues in order to bring pe..

The Orissa HC has, in the case of Surendra Kumar Sahoo vs State of Odisha, held that the Tata Power Company Limited (TPCL), though not a State within the meaning of Article 12 of the Constitution, is nevertheless an authority within the meaning of Article 226 of the Constitution and is thus subject to the writ jurisdiction of the HC. li style="text-a..

The Hon’ble Kerala HC has described the scope and ambit of cruelty while granting a decree of divorce in the case of Mary Margret vs Jos P Thomas and has held that not taking treatment for mental issues in order to bring peace to the family home will amount to cruelty. The Court also held that there could not be different scales to measure what would be cruelty under Hi..

The Rajasthan HC, in Parul Khurrana vs. The High Court of Judicature for Rajasthan & anr. has held that there is nothing in law that allows for a woman, not yet divorced, to seek reservation under the ‘Divorcee Female’ category. In the instant case, the petitioner had filed a writ petition as her candid..

In a case titled Ramesh vs State Through Dy RFO the Karnataka HC has said that once an accused appears before the Court either personally or through his pleader, he cannot seek an anticipatory bail under section 438 of CrPC. In the instant case the Deputy Range Forest Officer seized three monitor lizards and three gray..

Order VIII Rule 1: Delayed Filing Of Documents By Defendants Not Permissible Without Court’s Leave: Delhi HC The Delhi HC has reiterated in Jindal Stainless (Hisar) Ltd. vs. Sourabh Jinal and ors. that order VIII rule 1A(3) clearly stipulates that the documents which should have been produced before the Court bu..

KEY TAKEAWAYS Order I Rule 8 of the Code deals with the representative suit, which allows a single suit to be filed on behalf of multiple people who are interested in the subject matter. A PIL has a broader scope and can be brought on behalf of the entire community when their le..

The Delhi HC has reiterated in Jindal Stainless (Hisar) Ltd. vs. Sourabh Jinal and ors. that order VIII rule 1A(3) clearly stipulates that the documents which should have been produced before the Court but have not been so produced, shall not be produced at the stage of hearing without the leave of the Court. The suit ..

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..