Judgements

The Punjab and Hariyana High court on Monday, while Disposing of a habeas Corpus Petition filed by a mother alleging illegal detention of her 2 years old Child at the hands of her husband and in – laws, held that a mother, even if she is mentally ill, is entitled to thje custody of a […]

It is a well settled principle of law that mentioning of a wrong provision or non-mentioning of a provision does not invalidate an order if the court and/or statutory authority had the requisite jurisdiction therefor. 13. A contention has been raised that the applications filed by the appellant herein having regard to the decisions of

The Supreme Court observed that consumer commission has no jurisdiction to condone the delay for filing opposite parties’ written version beyond the prescribed period for 15 days mention in the consumer protection act 2019.Before the national consumer dispute Redressal commission (NCDRC) in this case, the opposite party filed written statement (version) beyond the period of

The Supreme Court of India, on August 12, held that the complaint proceeding under section 138 of the Negotiable under section 138 of the Negotiable Instruments Act (NI Act) was not required to explain the nature of transaction or the source of funds. The Court Stated that the accused had the liability to prove that

The Punjab and Haryana High Court has reiterated that Muslim female aged 15 years and above can marry a person of here choice on her own willingness and consent, and such a marriage would not be void in term in terms of Section 12 of the Prohibition of Child Marriage Act, 2006. The observation was

The Supreme Court observed that the dishonor of cheque issued as a security can also attract offence under section 138 of the Negotiable Instrument Act. There cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque, the bench if Justice

A Confessional Statement record U/S 67 of the NDPS Act has been held to be inadmissible in trial of an offence under the NDPS Act- Supreme Court. A Confessional Statement record U/S 67 of the NDPS Act has been held to be inadmissible in trial of an offence under the NDPS Act. While framing the

The High Court of Madhya Pradesh, Gwalior Bench recently said that the requirement of cooling period of six months between filing and allowing of an application under Section 13B(2) of the Hindu Marriage Act is directory and not mandatory.  The Court was dealing with a petition whereby the parties were challenging an order passed by

Bail – Post- Conviction bail- All persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail. Sonadhar v. Sate of Chhattishgarh 2. Code of Criminal Procedure, 1973; Section 309 – Bail- While it is expected of the court to comply

The accused is not expected to discharge an unduly high standard of proof – All which the accused needs to establish is a probable defence. As to whether a probable defence has been established is a matter to be decided on the facts of each case on the conspectus of evidence and circumstances that exist