Civil and Criminal Cases
Inherent powers – Trial court – Every court whether civil or criminal in the absence of any express provision to the contrary, shall be deemed to possess as inherent powers as are necessary in the course of the administration of justice
courts are having such an auxiliary power subject to restrictions which justice, equity, good conscience and legal provisions demand provided...
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Adverse inference – In case a party to a suit does not enter into the witness box, an adverse influence has to be drawn against him/her. [SC]
In case a party to a suit does not enter into the witness box, an adverse influence has to be...
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[SC] FIR – Civil proceeding – Civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed.
FIR - Civil proceeding - Civil proceeding is not a good ground and justification to not register and investigate an...
Read moreLocus Standi – Rule in regard to locus standi thus postulates a right-duty pattern which is commonly to be found in private law litigation – But, narrow and rigid though this rule may be, there are a few exceptions to it which have been evolved by the Courts over the years.
Supreme Court in S.P Gupta v. President of India, 1981 (Sup.) SCC 87 -. Writ petitions were filed in various...
Read moreLocus Standi
The word ‘locus’ and the phrase ‘locus standi’ have been defined as follows in the Black’s Law Dictionary, Revised 4th...
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Locus standi – Exception
‘This view also found expression in office of Communication of United Church of Christ v. FCC 123, US App. DC...
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Affidavit – Affidavits filed are not mere sheet of paper but a solemn statement
Affidavit - Affidavits filed are not mere sheet of paper but a solemn statement made before a person authorized to...
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Fraud – Fraud vitiates all actions
Fraud vitiates all actions - “5. The High Court, in our view, fell into patent error. The short question before the...
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Affidavit – False affidavit – Fraud – Allotment of plot – The filing of a false affidavit disentitles the plaintiff for any equitable relief
Affidavit - False affidavit - Fraud - Allotment of plot - The filing of a false affidavit disentitles the plaintiff...
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Fraud has to be an established fraud – Injunction
Fraud - Fraud has to be an established fraud - In the absence of established fraud and not a mere...
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Interlocutory injunction – Appeal – Scope of interference in an appeal against exercise of discretion by the trial court to grant an interlocutory injunction
Interlocutory injunction - Injunction – Appeal - Scope of interference in an appeal against exercise of discretion by the trial...
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CrPC S. 82 – Proclamation Notice – Period of 30 days notice not extendable by adjourning the matter.
CrPC S. 82 - Proclamation Notice – Period of 30 days not completed - Section 82(1) Cr.P.C. mandates that a...
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Review – Scope and ambit – Review is not rehearing of the appeal -It has to be shown that there has been a miscarriage of justice
Supreme Court Online Scope and ambit of the jurisdiction of Supreme Court Court in hearing review petitions. Article 137 of...
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NIA S. 138 – Whether amount paid in proceedings under the NIA act are liable to be adjusted against other dues/ decree in civil suit
Court was examining a situation where in the proceedings under Section 138 of the NI Act compensation amount ordered by the court...
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Criminal proceeding
A criminal proceeding is ordinarily one in which if carried to its conclusion it may result in the imposition of...
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