The Supreme Court has observed…
The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case. The bench of Justices Indira Banerjee and JK Mahseshwari observed that if the Court finds a person to be a juvenile on the date of commission of the offence, […]
The Allahabad High Court on…
The Allahabad High Court on Wednesday observed that in a cheque bounce case for insufficient funds (Section 138 Negotiable Instruments Act), even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court. The Bench of Justice Sameer Jain further held that in such cases, there is […]
The Punjab And Haryana High…
The Punjab And Haryana High Court recently observed that recording of the telephonic conversation of the wife without her knowledge is a clear-cut infringement of her privacy. With this observation, the Bench of Justice Lisa Gill set aside the order of a Family Court allowing the husband to prove the telephonic conversation between him and […]
PWDV – Maintenance and Welfare…
PWDV – Maintenance and Welfare of Parents and senior Citizens — Right of residence – Eviction of daughter-in-law – Right of a woman to secure a residence order in respect of a shared household cannot be defeated by simple expedient of securing an order of eviction by adopting summary procedure under 2007 Act.
Production of documents – ‘Leave…
Production of documents – ‘Leave of Court’ would necessarily mean that a defendant cannot take liberty as a matter of right and Court must assess whether law taken with attendant facts calls for leave or not.
The Supreme Court observed that…
The Supreme Court observed that the statement made during a secret / open investigation at the Pre-FIR stage could not be said as a statement under the 160 CRPC and / or statement that will be recorded during an inquiry in accordance with the criminal procedure code and therefore cannot be used against Defendant during […]
Practice and Procedure — Giving…
Practice and Procedure — Giving of reasons – Minimizes chances of arbitrariness – It is an essential requirement of rule of law that some reasons at least in brief must be disclosed in a judicial or quasi-judicial order even if it is an order of affirmation.
Counter-claim – Filed after issues…
Counter-claim – Filed after issues were framed – Counter-claim cannot be filed as per the law laid down in ‘Ashok Kumar Kalra Vs Wing Cdr. Surendra Agnihotri & Ors. 2019(3) Apex Court Judgments 705 (S.C.) : 2019(4) Civil Court Cases 796 (S.C.). (S.C.)
