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 ..

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 ..

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..

Under the Employees' Compensation Act, 1923, death of an employee by assault while on duty qualifies as an "accidental death" arising out of and in the course of employment, unless credible ..

Failure to consider one of two impugned orders challenged in a civil revision petition constitutes an error apparent on the face of the record under Order 47 Rule 1 read with Section 114 of ..

Once a registered Sale Deed is executed between parties specifying a sale consideration, a suit to recover any balance amount based on an earlier Agreement to Sell is barred under Sections 9..

A plaint for specific performance cannot be summarily rejected under Order VII Rule 11(d) of the CPC by mechanically imputing constructive notice of registered documents under Section 3 of t..

Under Section 122 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 116 of the Indian Evidence Act, 1872, a tenant inducted into a property by a landlord is estopped from su..

Under Order 6 Rule 17 of the Civil Procedure Code, 1908, amendment of pleadings must be allowed if required for proper adjudication and to avoid multiplicity of proceedings. Mere delay in fi..

Compensation for amputation of a limb in a motor accident must include future costs of periodic replacement and maintenance of prosthetic limbs, and not merely the present cost of a single a..

Once probate is granted in respect of a Will, the probate judgment operates in rem and the Will need not be proved afresh under Section 68 of the Indian Evidence Act in subsequent civil proc..