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Supreme Court & High Courts Judgments
Under Section 10(iv) of the Hindu Adoption and Maintenance Act, 1956, the age of the child for determining adoptability must be reckoned as of the date of filing of the adoption application,..
Calcutta High Court
Entitlement to compensation under the head of loss of dependency in motor accident claims is determined as of the date of accident or death. Employment or remarriage of a widow subsequent to..
Kerala High Court
Custodial detention of an approver under Section 343(4)(b) of BNSS (corresponding to Section 306(4)(b) of CrPC) is protective, not punitive. The provision must be read alongside the clause "..
Jammu & Kashmir and Ladakh High Court
Assessment of civil liability under Section 135 of the Electricity Act for alleged theft of electricity must comply with principles of natural justice. The assessing authority is bound to co..
Punjab & Haryana High Court
Transfer of a suit under Section 24 of the CPC to a court of competent jurisdiction validly remedies a jurisdictional defect without requiring return of plaint under Order VII Rule 10 CPC. T..
Allahabad High Court
Dishonest intention at the inception of an agreement is an essential ingredient of cheating under Section 415 read with Section 420 of the IPC. Mere failure to fulfil a promise or non-paymen..
Supreme Court
A third party lacks locus standi to challenge a service matter between an employer and employee unless direct legal injury to a personal right is demonstrated. In service jurisprudence, an "..
Mere earning of interest on a fixed deposit does not, by itself, constitute a commercial purpose so as to exclude a depositor from the definition of "consumer" under Section 2(1)(d) of the A..
Sections 302 and 364 of the IPC are separate and distinct offences and do not qualify as cognate offences under the CrPC. Conviction for a lesser offence under Section 222 CrPC is permissibl..
Non-recovery of the dead body does not, as an invariable rule, render a prosecution case doubtful or entitle the accused to acquittal. In cases resting on circumstantial evidence, the last s..
Delhi High Court
Entries in books of account are relevant under Section 34 of the Indian Evidence Act, 1872 — now Section 28 of the Bharatiya Sakshya Adhiniyam, 2023 — but are merely corroborative and ca..
Chhattisgarh High Court
Assessment of functional disability for computation of loss of earning capacity under motor accident compensation law must be based on realistic appraisal of the injury's impact on the claim..
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