In case of circumstantial evidence, court has to examine the entire evidence in its entirety and ensure that the only inference that can be drawn from the evidence is the guilt of the accused.
Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued […]
The Supreme Court has ruled that the Court, at no stage, can act blindly or mechanically. While enabling the Court to pronounce judgment in a situation where no Written Statement is filed by the defendant, […]
In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing […]
The Hon’ble Supreme Court has interpreted the meaning of the term “first learns” as provided under Article 91(a) of the Limitation Act, 1963 and held that the provision of Article 91 (a) of the Limitation […]
A While entertaining an objection as to the maintainability of a writ petition under Article 226 of the Constitution, the court should bear in mind the fact that the power to issue prerogative writs under […]
Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would […]
The Supreme Court has held that the charges which are fixed by the AAI for landing and take-off services as well as for parking of aircrafts are not for the ‘use of the land’. These […]
The Supreme Court held that delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to Section 20 (3) of the RDB Act […]
The Hon’ble Supreme Court has held that arbitrator’s adjudication is generally considered binding between the parties for he is a tribunal selected by the parties and the power of the court to set aside the […]
The Supreme Court has held that the Official Liquidator has no jurisdiction to ascertain or adjudicate the claim of a secured creditor who has been permitted by the Company Judge to stand outside the liquidation […]