Summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 is not available where the defence raises substantial factual disputes requiring evidentiary determination. The power..

Mere leasing of a residential flat after taking possession does not exclude a purchaser from the definition of "consumer" under Section 2(1)(d) of the Consumer Protection Act, 1986. The domi..

Issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the rule for offences punishable with imprisonment up to seven years. Arrest is an exception. Compli..

Custody of a child cannot be restored to adoptive parents where the child was procured through a process not recognised under the Juvenile Justice (Care and Protection of Children) Act, 2015..

Where a second criminal proceeding is instituted concerning the same incident with substantially identical allegations, without disclosing existence of an earlier FIR, and mandatory requirem..

Powers under Section 311 CrPC read with Section 165 of the Evidence Act permit recall or re-examination of witnesses, or summoning of material evidence, at any stage of trial—including aft..

Filing of supplementary chargesheet under Section 173(8) CrPC is permissible even at an advanced stage of trial where it is based on further investigation disclosing fresh material relating ..

Under Section 37 of the NDPS Act, the absconding status of a co-accused is a relevant consideration while assessing likelihood of the applicant fleeing from justice. Bail may be refused wher..

A secured creditor is not mandatorily required to invoke Section 14 of the SARFAESI Act, 2002 for taking physical possession of secured assets. Section 13(4) read with Rule 8 of the Security..

Where the compassionate appointment policy expressly places the wife in first order of priority under Clause 2.1 and permits consideration of a brother only if the deceased government servan..

Where child witnesses are examined without recording preliminary questions or judicial satisfaction under Section 118 of the Evidence Act, their testimony becomes only partly reliable. Convi..

Complaint under Section 138 of the Negotiable Instruments Act filed through a Power of Attorney holder is maintainable when the complaint and affidavit under Section 145 explicitly state tha..