Under Section 482(1) BNSS, 2023, anticipatory bail can only be sought by a person who has reason to believe he may be arrested. Once a person has already been arrested, the pre-arrest bail p..

A Magistrate's obligation to apply judicial mind to police reports is continual and does not cease upon taking cognizance on a primary charge sheet. Under Section 173(8) CrPC, every suppleme..

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..

Co-accused acquittal does not ipso facto entitle an absconding accused to anticipatory bail on grounds of parity. Trial court findings recorded during a co-accused's trial are wholly irrelev..

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 27A of the NDPS Act, the statutory ingredients of financing illicit traffic and harbouring offenders are distinct from mere involvement in sale or transportation of contraband ..

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..

Under Section 19 of the Domestic Violence Act, 2005, a residence order does not confer an indefeasible right to insist upon a specific property where suitable alternate accommodation of equi..