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,..

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 ..

Exclusion of natural heirs from a Will does not, by itself, constitute a suspicious circumstance invalidating the Will. The purpose of a Will is precisely to alter the normal line of success..

A plaint cannot be rejected in its entirety under Order 7 Rule 11 CPC merely because one of the prayers or reliefs sought therein is found to be legally untenable, so long as the other relie..

Mediclaim reimbursement received under a contractual health insurance policy, obtained through payment of premiums, is not deductible from compensation awarded under the Motor Vehicles Act, ..

A matrimonial appeal challenging a divorce decree must be adjudicated on merits and cannot be dismissed or disposed of solely on the ground of non-payment of maintenance arrears by the appel..

A second application under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of a plaint is barred by res judicata if the same issue was directly and substantially dec..

While considering an application for condonation of delay, it is the sufficiency of the cause shown that is of paramount importance -- Neither the length of the delay nor the number of days ..

There is no bar on filing a complaint under S.138 of the NI Act against a sick company -- Even where a restraint order exists under S.22-A of SICA, the nature of such restraint order and the..

Where a minor who is a legal heir is not made a party to the proceedings, and no steps are taken to appoint a lawful guardian on his behalf, the minor cannot be expected to appear or raise o..

A decree for specific performance is conditional in nature and imposes reciprocal obligations on the decree-holder. Failure to deposit the balance sale consideration within the time stipulat..

Summary judgment under Order XIII-A of the Code of Civil Procedure is a discretionary procedural tool designed to prevent unnecessary trials in commercial disputes. It must be granted where ..