A first appeal under Section 96 CPC is not a mere formality. It is a rehearing on facts and law, and the first appellate court has a duty to independently test the correctness of the decree on the ...

Ans:- Civil procedure does not permit justice to become one-sided merely because the defendant has been proceeded ex parte. A recurring question arises where, after setting the de ...

The question is not whether offences under the Rights of Persons with Disabilities Act, 2016 deserve prompt and effective prosecution; they certainly do. The real issue is narrower and jurisdictional: ...

A parent statute is the main law enacted by the legislature, while a notification is a form of subordinate or delegated legislation issued under that law to carry it out. Since the delegate has no ...

The Bombay High Court’s decision in Ms. C.B. Healthcare and Ors. v. Union of India is a significant reminder that prosecutions under the Drugs and Cosmetics Act, 1940 must satisfy not only public ...

In regard to the action of the learned Special Judge of taking cognizance of the offence directly, there appears substance in the submission of Mr. Bhasin. {Para 40} ...

A trap is planned. The complainant is prepared. The officers wait. But when the crucial moment arrives, the accused refuses to accept the money. No tainted currency is recovered. No hand-wash turns ...

A combined reading of Section 141 and Section 149 IPC (supra) show that an assembly of less than five members is not unlawful assembly within the meaning of Section 141 and cannot, therefore, form the ...

The Medical Officer-PW7 Dr. Baburao was, however, sure that none of the injuries suffered by PW1 Babu was possible by any sharp edged weapon. The nature of the injuries, as detailed supra, would show ...

Evidence of Shivdas, the injured witness, when perused, reveals that at the time of incident, he was present with the Complainant and they were talking with reference to vacating the land upon which ...

Learned counsel on behalf of the accused has also submitted that this a fit case to draw adverse inference against dropping of Rajesh PW6 and non-examination of his brother Sanjay Mesta who were ...

AIR 1981 SC 1390, while dealing with this issue, this Court observed as under: In the depositions of witnesses there are always normal discrepancies, however honest and truthful they may be. These ...