Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law.
Anticipatory Bail – While granting bail, especially anticipatory bail which is per se extraordinary in nature, the possibility of the accused to influence prosecution witnesses,… Read More »Supreme Court Daily Monday, 4 October, 2021
DNA Test – When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy.
DNA Test – Ashok Kumar v. Raj Gupta https://pdf.caselaw.in/?p=239 Land Law – Thota Sridhar Reddy v. Mandala Ramulamma. https://pdf.caselaw.in/?p=230 Motor Vehicles Act 1988 – Chandra… Read More »Supreme Court Daily Friday, 1 October, 2021
Registration Act, 1908 – Sections 17(1)(b) and 49 – Non-registration of documents required to be registered – Family Settlement – Principles relating to the law of family settlement / family arrangement – Unregistered Family Settlement – Effect of.
Bail – Claim of Parity – Bail was granted to the co-accused primarily and substantially on the ground that she had a child of eleven… Read More »Supreme Court Monthly Digest September 2021
Protection of Women from Domestic Violence act, 2005 – Whether an order passed by the magistrate in a proceeding under Section 12 r/w. 23 of the Act on the point of maintainability of the said proceeding can be quashed under the provisions of Section 482 of the Cr.P.C. ?
Education – If imparting education is seen to be in public interest, such institutions have duties to their employees as well.
Penal Code, 1860 – Ss. 406, 418, 420, 427, 447, 506 & 120B r/w. 34 – In the order issuing summons, the Magistrate has to record his satisfaction about a prima facie case against the accused who are Managing Director, the Company Secretary and the Directors of the Company and the role played by them in their respective capacities which is sine qua non for initiating criminal proceedings against them.
Bail – death of the deceased had occurred by injecting him with ketamine, an anesthetic drug – the High Court was in error in allowing… Read More »Supreme Court Case Laws Monday, September 27, 2021