An informant has no right in law to withdraw the complaint of a non-compoundable offence of a grave nature which impacts society Daxaben vs. The State of Gujarat & Ors. [SLP (Crl.) No.1132-1155 of 2022] RELEVANT PARAGRAPH 37. Offence under Section 306 of the IPC of abetment to commit suicide is a grave, non-compoundable offence. […]
Relief not found on pleadings should not be granted Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr. [Civil Appeal Nos. 6325-6326 of 2015] RELEVANT PARAGRAPH 15. ……..It is settled law that relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or
Relief not found on pleadings should not be granted Read More »
Mother has the right to decide the surname of the child after demise of first husband and re-marriage Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr. [Civil Appeal Nos. 6325-6326 of 2015] RELEVANT PARAGRAPH 10. After the demise of her first husband, being the only natural guardian of the child we fail to
What is the desire of the child is different and distinct from the question what would be in the best interest of the child Rohith Thammana Gowda vs. State of Karnataka & Ors. [Civil Appeal Nos. 4987 of 2022] RELEVANT PARAGRAPH 8. At the outset we may state that in a matter involving the question of custody of a child
Notification under section 4(1) is the starting point of acquisition proceedings under the L.A. Act Haryana State Industrial and Infrastructure Development Corporation Ltd. & Ors. vs. Mr. Deepak Aggarwal & Ors. [SLP (C) Nos. 16631-16632/2018] RELEVANT PARAGRAPH 19. A careful scanning of all the decisions cited by both sides would thus reveal that all those
Conclusion reached in the PMLA judgement while upholding the constitutional validity of multiple provisions of the PMLA, 2002 Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors. [Special Leave Petition (Criminal) No. 4634 of 2014] RELEVANT PARAGRAPH 187. In light of the above analysis, we now proceed to summarise our conclusion on seminal
Chief Metropolitan Magistrate includes Additional Chief Metropolitan Magistrate for the purposes of Section 14 of the SARFAESI Act M/s R.D. Jain and Co. vs. Capital First Ltd. & Ors. [Civil Appeal No. 175 of 2022] RELEVANT PARAGRAPH 10.2 In view of the above discussion and as observed hereinabove when the powers to be exercised by
Once an arbitrator is not appointed as per the agreed procedure within stipulated time, right of the party concerned to appoint an arbitrator is forfeited M/s Continental India Private Limited vs. General Manager Northern Railway [Civil Appeal No.  4829 of 2022] RELEVANT PARAGRAPH 6.1 At this stage, the decision of this court in the case of Deep Trading Company (supra)
Petition under Article 227 against the exÂparte decree cannot be entertained in view of a specific remedy of appeal provided under the CPC Mohamed Ali vs. V. Jaya & Ors. [Civil Appeal No.  4113 of 2022] RELEVANT PARAGRAPH 7.1. Applying the law laid down by this Court in the aforesaid decision to the facts of the case on hand, the High Court ought not to
Mere discovery cannot be interpreted as sufficient to infer authorship of concealment by the person who discovered the weapon Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Criminal Appeal No. 739 of 2017] RELEVANT PARAGRAPH 45. What emerges from the evidence of the PW-4 & PW-10 reply is that the appellant stated before
The Bar Council of India does not permit solicitation of work and advertising by legal practitioners and advocates. By accessing the Litigating Hand website (our website), the user acknowledges that:
