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Landmark Judgments and Articles on Law

Which types of agreements in restraint of legal proceeding is void?

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 17, 2016 FAO(OS) 614/2010 INDIAN OIL CORPORATION LTD ….. Appellant Represented by: Mr.Tushar Roy, Advocate versus KTL MAYFAIR INC & ANR ….. Respondents Represented by: Mr.Prashant S.Pratap, Sr.Advocate instructed by Mr.O.P.Gaggar, Mr.Rukashree…

Whether court can convict an accused in POCSO case even if DNA test report is negative?

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 CRIMINAL APPEAL NO. 111 OF 2020 Dashrath  Hiraman Johare Vs The State of Maharashtra, CORAM : SURENDRA P. TAVADE, J. PRONOUNCED ON : 09-09-2021 Being aggrieved and dissatisfied with the impugned judgment and…

How to appreciate evidence of defence witness and court witness?

IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON’BLE MR. JUSTICE MANOJ KUMAR OHRI CRL.A. 633/2020 SONU vs. THE STATE (GOVT. OF NCT), DELHI Dated: 06.09.2021 1. The present appeal has been preferred under Section 374(2) read with Section 383 Cr.P.C. on behalf of the…

Under which circumstances court can hear the accused in an inquiry under S 340 of CRPC?

BOMBAY HIGH COURT VARSHA RUBIN T. ZAVERI Vs. PANNALAL KHIMJI CHHEDA ( Before : Marlepalle B.H., J. ) Criminal Writ Petition No. 578 Of 2007 Decided on : 02-07-2007 (2007) 2 BomCR(Cri) 613 Marlepalle B.H., J.—Heard Mr. Chitnis the learned Senior Counsel with Mr. Gohil…

Whether a suit for declaration of legal heir is triable by Civil Court or by a Family Court?

(Before S.C. Das, J.) Smt. Pramila Suklabaidya,  Vs Smt. Jyostna Suklabaidya, CRP No. 02 of 2008 Decided on May 28, 2015 By filing this petition under Article 227 of the Constitution of India the petitioners challenged order dated 23.11.2007, passed by learned Civil Judge (Junior Division),…

Whether a Stranger to compromise decree can file separate suit to challenge compromise decree?

 In the High Court of Bombay Civil Appellate Jurisdiction (Before R.G. Ketkar, J.) Smt. Anubai Bhiva Turuke And Ors Vs Bhagwan Shiva Turuke And Anr. Writ Petition No. 10390 of 2013 Decided on March 2, 2017 Citation: 2017 SCC OnLine Bom 3564 R.G. Ketkar, J.:— Heard…

Can the court hold the husband guilty of the murder of his wife if he fails to explain how she received the injury in his statement U/S 313 of CRPC?

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How to appreciate evidence if there are Oral and written multiple dying declarations?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 295 OF 2014 Sanjay Maruti Doule Vs The State of Maharashtra CORAM : V. K. JADHAV AND SHRIKANT D. KULKARNI, JJ. Pronounced on : 08.09.2021 JUDGMENT (PER SHRIKANT D. KULKARNI, J.)…

Under which circumstances court can interfere in the arbitral process under Article 226/227 of constitution?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 14665 OF 2015 BHAVEN CONSTRUCTION THROUGH AUTHORISED SIGNATORY PREMJIBHAI K. SHAH … APPELLANT VERSUS EXECUTIVE ENGINEER SARDAR, SAROVAR NARMADA NIGAM LTD.& ANR. … RESPONDENTS JUDGMENT N.V. RAMANA, J. The Judgment of the Court…

Whether occupier of property is liable to pay property tax if he files Municipal appeal?

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