Motor accident claim proceedings under the Motor Vehicles Act, 1988 must be decided on the standard of preponderance of probability and not proof beyond reasonable doubt. Under Section 163A,..

General and omnibus allegations of torture or cruelty without specific instances, particular dates, or definite persons attributed cannot sustain a conviction under Section 498-A of the Indi..

A defendant cannot file an additional written statement under Order VIII Rule 9 of the Code of Civil Procedure, 1908 at an advanced stage of trial to introduce a defence wholly inconsistent ..

Vicarious criminal liability under Section 141 of the Negotiable Instruments Act, 1881 cannot be fastened on an office bearer of a society merely by virtue of designation or position. To att..

A bank cannot withhold original title documents of a secured asset after accepting full settlement of dues and issuing a no dues certificate, particularly where the title deed of the person ..

Every entry in the Annual Confidential Report of a public servant must be communicated to the employee if it adversely affects promotional prospects, regardless of its nomenclature. The dete..

Prior leave of the concerned Magistrate is a mandatory requirement before police conduct further investigation under Section 173(8) CrPC, even though the provision does not explicitly state ..

Deliberate suppression of income by a wife in maintenance proceedings under Section 125 CrPC, particularly where contradictory disclosures are made before different forums, vitiates the main..

An advocate cannot be prosecuted or named as a conspirator in an FIR for acts performed in professional capacity while representing a client. Filing a statutory appeal and making a pre-depos..

Torture, ill-treatment, or circumstances where a wife cannot reasonably hope to live with dignity at the matrimonial home constitute sufficient cause for a wife to refuse to live with her hu..

Exclusion of a divorced daughter from the definition of "family" under Rule 44(5) of the Madhya Pradesh Civil Services Pension Rules, 1976 violates Article 14 of the Constitution of India. N..

Criminal courts exercising powers under Sections 25 and 26 of the Police Act, 1861 cannot adjudicate interim possessory rights over immovable property. The term "property" under these provis..