• Motor Vehicles Act In case the claimant(s) or legal representative(s) of the deceased have filed separate claim petition(s) in the territorial jurisdiction of different High Courts, in the said situation, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand …

Gohar Mohammad vs State Of UP CA 9322/22 15/12/22 [ J.K. Maheshwari JJ ] Read More »

• Sections 302 and 34 IPC Appeal against conviction Murder Alleged that accused persons armed with lathis and stones forcibly entered into complainants house with common intention and started assaulted him, his father and mother with lathis and stones Injuries are ante mortem in nature Only one fatal injury was caused on the head of …

Salim vs State Of Rajasthan CRLA 334/1992 20/01/23 [ VIJAY JJ ] Read More »

• POCSO ACT Section 6 read with Section 5(i), (m) and (r) Tamil Nadu Prohibition of Harassment of Woman Act, Section 4 Appeal against acquittal Sexual assault upon minor Prosecution proved beyond any doubt that on date and time of incident, victim child was subjected to grave and heinous sexual assault and she was smothered …

POCSO Act,Case law Read More »

Civil Procedure Code, 1908, O.21.Rr.46, 46-A – Notice to garnishee – Executing Court should first attach the debt U.O.21.R.46 CPC before proceeding to pass order U.O.21.R.46-A CPC. (2023(2) Civil Court Cases 447 (S.C.) Civil Procedure Code, 1908, O.22.R.3, O.30.R.4 – Suit by partnership firm – Death of one out of two partners during pendency of …

Civil procedure code,1908 O.21 R.46,46A Read More »

Abatement of suit – Death of one N’ during pendency of suit – During pending of application for substitutionI’ one of the L.R’s of N’ died – Limitation to file application for substitution of L.R’s ofI’ will start to run from the day when application for substitution of L.R’s of `N’ was allowed. (2023(2) Civil …

Abatement of suit Read More »

THE SUPREME COURT OF INDIA RELIANCE INFRASTRUCTURE LTD. Vs. STATE OF GOA — Respondent Civil Appeal No. 3615 of 2023 DATE OF DECISION:- 10-05-2023 HEADNOTE WITH FULL TEXT JUDGMENT A. Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – If an Arbitrator construes the term of contract in a reasonable manner, the award …

Supreme Court Judgement /Civil Appeal No. 3615 of 2023 Read More »

Interesting legal facts

THE SUPREME COURT OF INDIA P. V. NIDHISH AND OTHERS — Appellant KERALA STATE WAKF BOARD AND ANOTHER — Respondent Criminal Appeal No(s). 309 of 2023 DATE OF DECISION:- : 28-04-2023 HEADNOTE WITH FULL TEXT JUDGMENT Criminal Procedure Code, 1973 (CrPC) – Sections 472 and 482 – Wakf Act, 1995 – Sections 3(ee) and 52A …

Supreme Court Judgement /P. V. NIDHISH AND OTHERS — Appellant KERALA STATE WAKF BOARD AND ANOTHER — Respondent Read More »

• Service Law Order of recovery of excess amount passed after four years of retirement Benefit was extended to the petitioner in terms of the resolution issued by the Finance Department As such, her pay was fixed and the benefit was extended to the petitioner It is not that either employer or the employee had …

Service law order- case law Read More »

• Civil Suit for declaration of title, recovery of possession and consequential relief of perpetual injunction Oral and documentary evidence adduced on behalf of plaintiff, cogent and reliable Plaintiff able to establish execution of release deed by defendant including receipt of consideration of Rs. 7 lakhs and delivery of possession of suit property by defendant …

Case law Read More »