A bank acting as an agent for collection of cheques is under a legal obligation to exercise due diligence in presenting instruments within their validity period. Failure to re-present cheque..

Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the d..

A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While sta..

Dearness allowance payable to serving employees and dearness relief payable to pensioners share a common object of neutralising the impact of inflation. Granting a higher rate of dearness al..

A person not party to original writ proceedings cannot be denied impleadment where an interim order passed in those proceedings directly and demonstrably affects such person's rights or prop..

An Insurance Company impleaded as a party-respondent in a motor accident claim petition is entitled to contest the claim on all available grounds, without restriction to the grounds enumerat..

Where unimpeachable material of sterling quality demonstrably displaces the factual foundation of accusations and the prosecution fails to effectively counter it, the Court is justified in e..

For computing limitation under Section 468 of the CrPC, the relevant date is the date of filing of the complaint or lodging of the FIR, and not the date on which the Magistrate takes cogniza..

Adverse inference drawn against a plaintiff for non-appearance in the witness box is rebuttable and not conclusive. Where cogent and reliable evidence on record successfully displaces such p..

Deduction from the salary of a deceased motor accident victim on grounds unrelated to the accident is impermissible in law. Under the principles settled in Sarla Verma v. Delhi Transport Cor..

Pre-trial quashing of a Section 138 complaint is impermissible once the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 is triggered. Whether a cheque was iss..

Under Section 294(b) IPC, obscenity requires satisfaction of the "prurient interest" test — the words used must appeal to prurient interests or tend to deprave and corrupt the audience. Vu..