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Landmark Judgments and Articles on Law

Whether prosecution can cross-examine hostile witness with his statement recorded by investigating officer who was not authorized to investigate the case?

IN THE HIGH COURT OF ALLAHABAD FULL BENCH Decided On: 29.04.1949 Shyamlal Sharma Vs. King-Emperor Authored By : Seth, Raghubar Dayal, Wanchoo Author: Seth, J. Citation: MANU/UP/0019/1949,AIR 1949 All 483 1. These two references to this Full Bench have been connected together because the questions referred…

What remedies are available to the defendant if court passes an exparte decree against him?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 7316 of 2008 Decided On: 16.12.2008 Mahesh Yadav and Ors. Vs. Rajeshwar Singh and Ors. Hon’ble Judges/Coram: S.B. Sinha and Cyriac Joseph, JJ. Citation:  MANU/SC/8463/2008,AIR 2009 SC 1064 1. Leave granted. 2. Plaintiff in a suit for…

Whether disciplinary authority can rely on statements of witnesses recorded in preliminary enquiry if enquiry officer has not permitted delinquent to cross-examine them?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 2668 of 2005 Decided On: 18.03.2013 Nirmala J. Jhala Vs. State of Gujarat and Ors. Hon’ble Judges/Coram: B.S. Chauhan and F.M. Ibrahim Kalifulla, JJ. Citation:MANU/SC/0257/2013,AIR 2013 SC 1513 1. This appeal has been preferred against the impugned…

Whether the court must direct accused to pay interim compensation to complainant as per s.143A of NI Act?

IN THE HIGH COURT OF MADRAS Crl. O.P. Nos. 15438, 15440 of 2019 and Crl. M.P. Nos. 7576, 7578 of 2019 Decided On: 12.07.2019 L.G.R. Enterprises Vs. P. Anbazhagan Hon’ble Judges/Coram: N. Anand Venkatesh, J. 1. In both these cases, the common issue that arises…

Whether a party will forfeit right to prosecute suit or defence if he fails to pay costs imposed upon him?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 7554-7555 of 2009 Decided On: 13.11.2009 Manohar Singh Vs. D.S. Sharma and Ors. Hon’ble Judges/Coram: R.V. Raveendran and G.S. Singhvi, JJ. Citation: 2010(2) MHLJ 515 1. Leave granted. Heard learned Counsel. 2. The appellant filed a…

Accused has a right to cross-examine the witnesses

SUPREME COURT OF INDIA Sunil Mehta & ANR. Vs. State of Gujarat & ANR. [Criminal Appeal No. 327 of 2013 arising out of S.L.P. (CRL.) No.374 of 2012] T.S. THAKUR, J. 1. Leave granted. 2. The short question that falls for our determination in this…

Sample Transfer Petition

AFFIDAVIT: UNDER SECTION 24 OF THE C.P.C. -SEEKING TRANSFER OF SUIT BEFORE THE HON’BLE DISTRICT COURT, ……………………….. Transfer original petition No  …………….of 20… In Original Suit No …………….of 20…           BEFORE THE COURT OF……………………….. Petitioner/Defendant: Vs. Respondent/Plaintiff: AFFIDAVIT of, …………………… ,…

Whether suit can be dismissed if plaintiff fails to examine himself?

IN THE HIGH COURT OF DELHI AT NEW DELHI RFA 950/2016 HARBHAJAN SINGH . V KULDEEP SINGH ORS CORAM:HON’BLE MS. JUSTICE HIMA KOHLI Dated: 06.12.2016. Citation: AIR 2017 Delhi 52. 1. The appellant seeks setting aside of the judgment and decree dated 7.9.2016 passed by the…

Son has no rights in Parents self acquired property

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th November,2016 RSA 136/2016 & CM No.19123/2016 SACHIN & ANR ….. Appellants Through: Appellant No.1 in person versus JHABBU LAL & ANR ….. Respondents Through: Mr.Rakesh Kumar, Advocate with respondents in person PRATIBHA…

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