Therefore, the better formulation for trial courts is this: the report is ordinarily admissible under Section 293, but its ...
17. Moreover, it is well settled principle that the prima facie observations made by the Court at interim stage are not binding on the same court while deciding the application finally. Hence, the ...
19. Put all together, it cannot be said that agreement dated 07.07.1995 is binding upon the appellant-plaintiff inasmuch as the document is the unilateral document, signed by the appellant's husband.
The appellant's husband is not party to the suit and, therefore, he has not claimed himself to be the real owner of the property. To my mind and in terms of Section 4 of the Benami Transactions Act, ...
Segmented custody, also commonly referred to as alternating custody or divided custody, is a child custody arrangement where the child resides exclusively with one parent for an extended period, and ...
There is a definite distinction between the powers conferred under the Mamlatdars' Courts Act upon the Tahsildar and the powers conferred upon the Tahsildar under section 143 of the MLR Code. Section ...
While the total number of days an accused can be in police custody remains capped at 15, the police can distribute these 15 days over a longer duration. 40 ...
In regard to the action of the learned Special Judge of taking cognizance of the offence directly, there appears substance in the submission of Mr. Bhasin. {Para 40} ...
The question is not whether offences under the Rights of Persons with Disabilities Act, 2016 deserve prompt and effective prosecution; they certainly do. The real issue is narrower and jurisdictional: ...
Ex Parte at Trial, New Defence in Appeal? The Real Limits of the First Appellate Court Under the CPC
A first appeal under Section 96 CPC is not a mere formality. It is a rehearing on facts and law, and the first appellate court has a duty to independently test the correctness of the decree on the ...
A trap is planned. The complainant is prepared. The officers wait. But when the crucial moment arrives, the accused refuses to accept the money. No tainted currency is recovered. No hand-wash turns ...
Ans:- Civil procedure does not permit justice to become one-sided merely because the defendant has been proceeded ex parte. A recurring question arises where, after setting the de ...
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