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Landmark Judgments and Articles on Law

Whether it is necessary to prove fact which is admitted by other party?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2342 OF 2017 EXECUTIVE OFFICER, ARULMIGU CHOKKANATHA SWAMY KOIL TRUST VIRUDHUNAGAR V CHANDRAN & ORS Citation:(2017)3 SCC702 2. The defendant has filed this appeal against judgment of the Madurai Bench of Madras High Court…

When exercise of right of private defence in Murder case is not proved?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 991 OF 2010 Brij Lal v State of Rajasthan. Dated:August 17, 2016. Citation:(2016) 13 SCC347 1. According to the allegations levelled in the complaint, the appellant–Brij Lal and Mohan Lal – PW-15 were…

Doctrine of forum Nonconveniens is applicable for transfer of Case?

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 1912 OF 2014 KRISHNA VENI NAGAM V HARISH NAGAM Dated:MARCH 9, 2017. Citation:(2017)4 SCC150 1. This transfer petition has been filed for transfer of Case No.179A/2013 u/s 13 of the Hindu Marriage…

Whether bail granted on irrelevant material can be cancelled?

IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : MAY 31, 2017. CRL.M.C. 844/2017 CRL.M.A.No.3554/17 ROHIT BANSAL Vs STATE ANR. CORAM:HON’BLE MR. JUSTICE S.P.GARG 1. The instant petition under Section 439(2) read with Section 482 Cr.P.C. has been preferred by the petitioner-Rohit…

Whether award passed by Lok adalat can be quashed?

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:MR. JUSTICE DEVAN RAMACHANDRAN 7TH DAY OF APRIL 2017 WP(C).No. 35992 of 2015 P.O.THOMAS, S/O. OOMMAN, Vs KOLLAM TALUK LEGAL SERVICE COMMITTEE, If there ever be a Book on Lawyers’ Truths, the first aphoristic percept that would…

Whether accused can be acquitted if there are material omissions in evidence of prosecution witnesses?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 12 OF 2003 The State of Maharashtra … Appellant V/s. 1. Ramesh Damodar More Age 30 years. 2. Sou Jyoti Ramesh More Age 26 years … Respondents Both Residing At Village…

When high court should not dismiss appeal in limine?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1182 OF 2007 Faridabad Complex Administration Vs M/s Iron Master India (P) Ltd. Citation: (2017) 4 SCC 136 1) This appeal is filed by the appellant(defendant) against the final judgment and order dated 16.02.2004…

RTI can be denied on ground that alternate remedy is available?

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017 DELIVERED ON : 13.04.2017 CORAM MR.JUSTICE V.PARTHIBAN W.P(MD)No.4309 of 2014 S.Robinson Vs Tamil Nadu State Information Commission, The Petitioner has approached this Court invoking Article 226 of the Constitution of India seeking quashment of the…

Principles to grant of anticipatory bail in economic offence

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.326 OF 2016 WITH CRIMINAL APPLICATION NO.360 OF 2016 Suresh Thimiri s/o. T.K. Thimiri . vs. The State of Maharashtra. CORAM: MRS.MRIDULA BHATKAR, J. DATE: 6 th MAY, 2016 The applications…

Mother will not get custody of child always

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5700 OF 2017 Anirudha Herwadkar V/s. Namita Herwadkar CORAM : A.M.BADAR J. DATED : 29th May 2017. 1 By this petition, petitioner-father of six and half years old female child Janhavi is…

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