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Supreme Court & High Courts Judgments
Civil adjudication and criminal prosecution proceed on different principles, and a civil court decree neither records findings on criminal intent nor on existence of offences such as forgery..
Supreme Court
The fact that multiple cheques arise from one transaction will not merge them into a single cause of action, and disputed questions of fact cannot be decided under Section 482 CrPC...
The test for bail of additionally summoned accused is more than prima facie case required for framing charges, but short of satisfaction that unrebutted evidence would lead to conviction...
Statutory restrictions under Section 45 PMLA cannot supersede the constitutional right to speedy trial, and economic offences cannot be classified as a homogeneous class to deny bail solely ..
Equity must prevent unjust enrichment and restore parties to their original position, particularly where both are at fault. Directing forfeiture would result in an equitable windfall to the ..
Exception 2 cannot be invoked where there is no act of self-defence against an unarmed deceased, and Exception 4 requires a genuine physical confrontation with mutual exchange of blows, not ..
Once an auction sale is confirmed and the aggrieved party has not sought to set it aside, a separate suit challenging the confirmation order is expressly barred, and the appropriate remedy i..
The insurer cannot refuse to indemnify damage caused by fire on the ground that the proximate cause of fire was burglary or theft, particularly when no such exclusion is provided in the spec..
In cases of alleged refusal, strict compliance with Order 5 Rule 19 CPC is mandatory--Ex parte divorce decree set aside..
Allegations lacked specific instances of cruelty or dowry demands and even if taken at face value, did not prima facie disclose commission of alleged offences...
Nomination does not confer a superior claim over the General Provident Fund, and upon the deceased acquiring a family, the earlier nomination stands terminated triggering equal distribution ..
Mere procedural lapses in sampling under Section 52-A of the NDPS Act do not vitiate the prosecution unless they compromise the integrity of the seized contraband...
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