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The Law Communicants

Specific Performance Suit -Trial Court Should Frame Specific Issue On Readiness & Willingness: Supreme Court

Specific Performance Suit -Trial Court Should Frame Specific Issue On Readiness & Willingness Case: V.S. Ramakrishnan vs. P.M. Muhammed Ali Coram: Justices MR Shah and…

Continue ReadingSpecific Performance Suit -Trial Court Should Frame Specific Issue On Readiness & Willingness: Supreme Court
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Skull Superimposition Technique For Identification Of Dead Body Not Infallible: Supreme Court Acquits Murder Accused

Skull Superimposition Technique For Identification Of Dead Body Not Infallible: Supreme Court Acquits Murder Accused Case: S. Kaleeswaran vs State Coram: CJI UU Lalit and…

Continue ReadingSkull Superimposition Technique For Identification Of Dead Body Not Infallible: Supreme Court Acquits Murder Accused
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Courts Should Refrain From Expressing Value Judgments And Policy Views In Order To Interpret Statutes: Supreme Court

Courts Should Refrain From Expressing Value Judgments And Policy Views In Order To Interpret Statutes Case: M.S.P.L. LIMITED vs State of Karnataka Coram: Justices Hemant…

Continue ReadingCourts Should Refrain From Expressing Value Judgments And Policy Views In Order To Interpret Statutes: Supreme Court
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Section 204 CrPC – Magistrate’s Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court

Section 204 CrPC - Magistrate's Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given Case: Lalankumar Singh vs State…

Continue ReadingSection 204 CrPC – Magistrate’s Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court
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Four Months Time Breaking point U/Sec 19 PC Act To Choose A ‘Authorization Solicitation’ Compulsory; Yet Criminal Procedures Can’t Be Subdued For Deferral: Supreme Court

Four Months Time Breaking point U/Sec 19 PC Act To Choose A 'Authorization Solicitation' Compulsory; Yet Criminal Procedures Can't Be Subdued For Deferral Case: Vijay…

Continue ReadingFour Months Time Breaking point U/Sec 19 PC Act To Choose A ‘Authorization Solicitation’ Compulsory; Yet Criminal Procedures Can’t Be Subdued For Deferral: Supreme Court
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The Law Communicants

Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court

Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of…

Continue ReadingCheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court
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Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC Case: Kanchan Kumar vs State of Bihar Coram:…

Continue ReadingSimple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
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False Declaration With Regard To Assets Of A Candidate, His/Her Spouse/Dependents, Constitutes Corrupt Practice: Supreme Court

False Declaration With Regard To Assets Of A Candidate, His/Her Spouse/Dependents, Constitutes Corrupt Practice Case: S Rukmini Madegowda vs State Election Commission Coram: CJI Uday…

Continue ReadingFalse Declaration With Regard To Assets Of A Candidate, His/Her Spouse/Dependents, Constitutes Corrupt Practice: Supreme Court
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The Law Communicants

Legality Of Order Setting Defendant Ex Parte Can Be Challenged In Appeal Even Without Filing Application Under Order IX Rule 13 CPC: Supreme Court

Legality Of Order Setting Defendant Ex Parte Can Be Challenged In Appeal Even Without Filing Application Under Order IX Rule 13 CPC Case: G.N.R. Babu…

Continue ReadingLegality Of Order Setting Defendant Ex Parte Can Be Challenged In Appeal Even Without Filing Application Under Order IX Rule 13 CPC: Supreme Court
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The Law Communicants

Delivering Used & Defective Car Against Booking For New Car Is Unfair Trade Practice, Dishonest & Unethical: Supreme Court

Delivering Used & Defective Car Against Booking For New Car Is Unfair Trade Practice, Dishonest & Unethical Case: Rajiv Shukla Vs Gold Rush Sales and…

Continue ReadingDelivering Used & Defective Car Against Booking For New Car Is Unfair Trade Practice, Dishonest & Unethical: Supreme Court
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The Law Communicants

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties Case:…

Continue ReadingArbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court
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The Law Communicants

Gravity Of Crime Prime Consideration While Sentencing; Undue Sympathy May Affect People’s Faith In Efficacy Of Law: Supreme Court

Gravity Of Crime Prime Consideration While Sentencing; Undue Sympathy May Affect People's Faith In Efficacy Of Law Case: Sahebrao Arjun Hon vs Raosaheb Kashinath Hon…

Continue ReadingGravity Of Crime Prime Consideration While Sentencing; Undue Sympathy May Affect People’s Faith In Efficacy Of Law: Supreme Court
Be-Slow-In-Quashing-Criminal-Proceedings-On-The-Basis-Of-Settlement-Between-Complainant-&-Accused-When-Offences-Are-Capable-Of-Impacting-Others-Supreme-Court-The-Law-Communicants
The Law Communicants

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others: Supreme Court

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others Case: P Dharamaraj…

Continue ReadingBe Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others: Supreme Court
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The Law Communicants

‘Tenant At Sufferance’ Who Is Continuing In Possession After Expiry Of Lease Is Liable To Pay Mesne Profits: Supreme Court

'Tenant At Sufferance' Who Is Continuing In Possession After Expiry Of Lease Is Liable To Pay Mesne Profits Case: Indian Oil Corporation Ltd. vs Sudera…

Continue Reading‘Tenant At Sufferance’ Who Is Continuing In Possession After Expiry Of Lease Is Liable To Pay Mesne Profits: Supreme Court
Section-239-CrPC-Court-Can-Only-Look-Into-Prima-Facie-Case-&-Decide-Whether-Prosecution-Case-Is-Groundless-Supreme-Court-The-Law-Communicants
The Law Communicants

Section 239 CrPC – Court Can Only Look Into Prima Facie Case & Decide Whether Prosecution Case Is Groundless: Supreme Court

Section 239 CrPC - Court Can Only Look Into Prima Facie Case & Decide Whether Prosecution Case Is Groundless Case: State vs R. Soundirarasu Coram:…

Continue ReadingSection 239 CrPC – Court Can Only Look Into Prima Facie Case & Decide Whether Prosecution Case Is Groundless: Supreme Court
Section-96-100-CPC-A-Person-Affected-By-A-Judgment-Decree-But-Not-A-Party-To-Suit-Can-Prefer-Appeal-With-The-Leave-Of-The-Court-Supreme-Court-The-Law-Communicants
The Law Communicants

Section 96-100 CPC – A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court:…

Continue ReadingSection 96-100 CPC – A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court
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The Law Communicants

Person Availing Bank’s Service “Consumer”; Consumer Complaint Maintainable Over Dispute On Encashment Of FD: Supreme Court

Person Availing Bank's Service "Consumer"; Consumer Complaint Maintainable Over Dispute On Encashment Of FD Case: Arun Bhatiya vs HDFC Bank Coram: Justices DY Chandrachud and…

Continue ReadingPerson Availing Bank’s Service “Consumer”; Consumer Complaint Maintainable Over Dispute On Encashment Of FD: Supreme Court
Review-Power-Can-Be-Invoked-Only-For-Errors-Apparent-On-Record-Not-For-Errors-Which-Are-To-Be-Detected-By-Process-Of-Reasoning-Supreme-Court-The-Law-Communicants
The Law Communicants

Review Power Can Be Invoked Only For Errors Apparent On Record, Not For Errors Which Are To Be Detected By Process Of Reasoning: Supreme Court

Review Power Can Be Invoked Only For Errors Apparent On Record, Not For Errors Which Are To Be Detected By Process Of Reasoning Case: S.…

Continue ReadingReview Power Can Be Invoked Only For Errors Apparent On Record, Not For Errors Which Are To Be Detected By Process Of Reasoning: Supreme Court
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The Law Communicants

Appeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court

Appeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated Case: Pr. Commissioner of Income Tax-I,…

Continue ReadingAppeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court
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The Law Communicants

Disabled Employee Should Not Be Forced To Forfeit Seniority For Choosing Posting Place As Per Beneficial Circular: Supreme Court

Disabled Employee Should Not Be Forced To Forfeit Seniority For Choosing Posting Place As Per Beneficial Circular Case: Net Ram Yadav V. The State Of…

Continue ReadingDisabled Employee Should Not Be Forced To Forfeit Seniority For Choosing Posting Place As Per Beneficial Circular: Supreme Court
Pre-Institution-Mediation-Under-Section-12A-Commercial-Courts-Act-Is-Mandatory-Suits-Filed-Violating-This-Liable-To-Be-Rejected-Supreme-Court-The-Law-Communicants
The Law Communicants

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected: Supreme Court

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected Case: Patil Automation Private Limited and others…

Continue ReadingPre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected: Supreme Court
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When There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers “Difficult Question”

When There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers "Difficult Question" Case: Makhan Singh V. The State Of Haryana Coram: Justice…

Continue ReadingWhen There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers “Difficult Question”
S-156-(3)-CrPC-Magistrate-Should-Order-Police-Investigation-When-Cognizable-Offence-Is-Prima-Facie-Found-Especially-In-Sexual-Offences-Supreme-Court-The-Law-Communicants
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S 156(3) CrPC – Magistrate Should Order Police Investigation When Cognizable Offence Is Prima Facie Found, Especially In Sexual Offences: Supreme Court

S 156(3) CrPC - Magistrate Should Order Police Investigation When Cognizable Offence Is Prima Facie Found, Especially In Sexual Offences Case: XYZ versus State of…

Continue ReadingS 156(3) CrPC – Magistrate Should Order Police Investigation When Cognizable Offence Is Prima Facie Found, Especially In Sexual Offences: Supreme Court
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“Suitable Employment” For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee: Supreme Court

"Suitable Employment" For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee Case: Suneel Kumar vs State of UP…

Continue Reading“Suitable Employment” For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee: Supreme Court
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Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide: Supreme Court

Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide Case: Armed Forces Ex Officers Multi Services…

Continue ReadingContinuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide: Supreme Court
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“Poor Illiterate Lady”, “Senior Citizen”,”Rural Background”: Supreme Court Reduces Sentence Awarded To An NDPS Convict

"Poor Illiterate Lady", "Senior Citizen","Rural Background": Supreme Court Reduces Sentence Awarded To An NDPS Convict Case: Budhiyarin Bai vs State of Chhattisgarh Coram: Justices Ajay…

Continue Reading“Poor Illiterate Lady”, “Senior Citizen”,”Rural Background”: Supreme Court Reduces Sentence Awarded To An NDPS Convict
Rule-Of-Evidence-To-Prove-Charges-In-A-Criminal-Trial-Cannot-Be-Used-While-Deciding-Motor-Accident-Compensation-Claims-Supreme-Court-The-Law-Communicants
The Law Communicants

Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims: Supreme Court

Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims Case: Janabai Dinkarrao Ghorpade vs ICICI…

Continue ReadingRule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims: Supreme Court
Section-311-CrPC-Application-Cannot-Be-Dismissed-Merely-On-The-Ground-That-It-Will-Lead-To-Filling-In-Loop-Holes-Of-Prosecution-Case-Supreme-Court-The-Law-Communicants
The Law Communicants

Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court

Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case Case: Varsha…

Continue ReadingSection 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court