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Supreme Court & High Courts Judgments
Motor Vehicles Act, 1988, S.163A -- Motor Accident Claim -- Standard of Proof -- Motor accident claim proceedings must be decided on the standard of preponderance of probability and not proo..
Supreme Court
Indian Penal Code, 1860, S.498A -- Cruelty to Wife -- Unlawful Demand -- General and omnibus allegations of torture or cruelty without specific instances, particular dates, or definite perso..
Civil Procedure Code, 1908, O.VIII R.9 -- Additional Written Statement -- Wholly Inconsistent Defence -- A defendant cannot file an additional written statement under O.VIII R.9 CPC at an ad..
Negotiable Instruments Act, 1881, S.141 -- Dishonour of Cheque -- Vicarious Liability -- Vicarious criminal liability under S.141 cannot be fastened on an office bearer of a society merely b..
Banking Law -- Title Deed Retention -- A bank cannot withhold original title documents of a secured asset after accepting full settlement of dues and issuing a no dues certificate -- Accepta..
Allahabad High Court
Service Law -- Annual Confidential Report -- Every ACR Entry Affecting Promotional Prospects -- Every entry in the ACR of a public servant must be communicated to the employee if it adversel..
Criminal Procedure Code, 1973, S.173(8) -- Further Investigation -- Magistrate's Prior Leave -- Prior leave of the concerned Magistrate is a mandatory requirement before police conduct furth..
Criminal Procedure Code, 1973, S.125 -- Maintenance -- Suppression of Income -- Deliberate suppression of income by a wife in maintenance proceedings, particularly where contradictory disclo..
Advocates Act, 1961 r/w Constitution of India, Arts.14 and 21 -- Professional Act -- FIR Against Advocate -- An advocate cannot be prosecuted or named as a conspirator in an FIR for acts per..
Criminal Procedure Code, 1973, S.125(4) -- Maintenance to Wife -- Refusal to Cohabit -- Torture, ill-treatment, or circumstances where a wife cannot reasonably hope to live with dignity at t..
Bombay High Court
Police Act, 1861, Ss.25 and 26 -- Immovable Property -- Criminal Courts -- Criminal courts exercising powers under Ss.25 and 26 of the Police Act, 1861 cannot adjudicate interim possessory r..
Calcutta High Court
Criminal Procedure Code, 1973, S.164 -- Confession -- Police Presence During Recording -- A confessional statement recorded under S.164 CrPC in the presence of a police officer in the record..
Gauhati High Court
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