Even if a person was…
Even if a person was detained as a result of the issuing of a LOC and does not have to stand trial for a serious crime, the trial court or higher courts will typically revoke or suspend the LOC by requesting increased surety. The courts might not be as forgiving, though, when dealing with foreign […]
The Kerala High Court has…
The Kerala High Court has provided an assessment that should be considered when sex on marriage promises can amount to rape. Putting aside the belief of a man for violations of rape on false promises of marriage, the court clarified only because the defendant signed another marriage immediately after sexual acts with the victim, it […]
The Supreme Court of…
The Supreme Court of India observed that the mechanical compliance of stipulations under Section 63 of the Indian Succession Act, 1925, does not prove the execution of a Will. Evidence of meeting the requirement of the said provision must be reliable, the bench of Justices L. Nageswara Rao and Aniruddha Bose said. In this case, […]
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, […]
On Thursday (9th December), the…
On Thursday (9th December), the Supreme Court opined that recovery under Section 27 of the Evidence Act would not be admissible if the disclosure statement was made in connection to a crime undergoing separate trial, especially when such statement was not made to the jurisdictional police officer. A bench comprising Justices U.U. Lalit, S. Ravindra […]
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 […]
Compromise – Court fees can…
Compromise – Court fees can be refunded to parties where compromise/settlement takes place even outside Court – Both the parties allowed refund of their respective Court fees affixed before trial Court, lower Appellate Court and High Court in second appeal. Find the Best Ranking Civil Lawyers for Compromise.
Closing of plaintiff’s evidence -…
Closing of plaintiff’s evidence – Sufficient opportunities were given to plaintiff to adduce evidence, but he failed to do so – Trial Court thus, was justified in closing evidence of plaintiff – However, denial to adduce evidence may cause serious prejudice to plaintiff, therefore, one more opportunity given to plaintiff to lead his evidence with […]
Appointment of Advocate Commissioner -…
Appointment of Advocate Commissioner – For a limited purpose of noting down physical features of plaint schedule property, allowed by trial Court – No prejudice is caused to plaintiff by appointing advocate Commissioner – Application rightly allowed.
Issues – Issue framed despite…
Issues – Issue framed despite the fact that no such averment was made in the written statement – Said issue was rightly deleted by trial Court and a new issue was framed – No interference warranted in impugned order.
