Under Section 4 of the Senior Citizens Act, 2007, a senior citizen can invoke the Maintenance Tribunal's jurisdiction only upon establishing inability to maintain oneself from personal earni..

Under Order 9 Rule 13 CPC, setting aside an ex parte decree requires the defendant to establish either non-service of summons or sufficient cause for non-appearance. This burden is not disch..

A change of land use (CLU) permission granted without statutory authority is void from inception. Under the Punjab Regional and Town Planning and Development Act, 1995, any alteration to a M..

Condonation of delay under Section 5 of the Limitation Act, 1963 is not a right but a discretionary relief. Courts are not bound to condone delay merely because the applicant is a State. Bur..

MACT proceedings are civil in nature and negligence must be adjudicated on preponderance of probabilities, independent of criminal proceedings. A conviction recorded on a guilty plea in a cr..

Uncontroverted factual assertions in a writ petition are deemed admitted by implication under Order VIII Rules 3 and 5 CPC. A general or evasive denial is no denial in law. Admitted facts re..

Under Section 44A(3) read with Section 13 CPC, inquiry into exceptions to executability of a decree from a reciprocating territory is ordinarily summary in nature and not equivalent to a ful..

Habeas corpus is not the appropriate remedy to adjudicate child custody disputes in matrimonial proceedings. Where no custody order exists and no custody proceedings are pending, a working m..

A sale deed executed after attachment is void under Section 64(1) CPC against all claims enforceable under the attachment. The exception under Section 64(2) applies only where the transfer i..

Under Section 14(1) of the Hindu Marriage Act, the one-year bar on filing a divorce petition may be waived where exceptional hardship is established. Where a marriage is never consummated, p..

A transferee who acquires property after the institution of proceedings or the passing of an arbitral award is a transferee pendente lite and is barred under Order XXI Rule 102 CPC from resi..

A photocopy of a notarised Power of Attorney is inadmissible unless statutory requirements for secondary evidence under Sections 63 to 65 of the Evidence Act, 1872 are strictly complied with..