without waiting till 30th May, 2002, on 3rd May 2002, without issuing notice to the defendants, the suit was taken up by the Trial Court, and an order of striking out the defendants' defence was ...
State of M.P. , Labh Singh v. State of Punjab and Suratlal v. It is stated that the post-mortem report indicated that halfdigested food was found in the stomach of the deceased, whereas, Doman Tenti, ...
When the defendants had appeared in the suit, the act of preponing the date without notice to them or their advocate was completely illegal and contrary to elementary principles of natural justice.
2. The impugned order passed by the High Court affirming the order dated 27.04.2018 passed by Appellate Deputy Commissioner (CT) (FAC), Vijayawada, holding that the delay is beyond condonable period ...
If the revisions are allowed and the prayers are granted, the plaintiff will only prove that the signatures are of the attesting witnesses. As per Sections 68 to 71 of the Indian Evidence Act, the ...
28. Next, in order to impeach the oral evidence of P.W. 3, P.W. 4 and P.W. 5, the Appellants asserted that there is no testimony of any independent witness, despite the place of crime as per the case ...
There are cases where clean acquittal is granted by the criminal courts to the Accused after very long incarceration as an under trial. When we say clean acquittal, we are excluding the cases where ...
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if ...
This application for grant of leave to file appeal has been filed by complainant-Vikram Manshani against the judgment dated 12.02.2024 passed in Criminal Case No.3108/2016, where- ...
The Magistrate while taking cognizance of an offence should have with him the statement on oath of the complainant and if any witnesses are present, their statements. The taking of cognizance under ...
26. Also, it is beyond any cavil of doubt that the burden to show that in fact a failure of justice has been occasioned is on the Accused. The decision in State of Uttar Pradesh v. Paras Nath Singh ...
18. The default will have to be dealt with in terms of Section 10 of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 (for ...