For computing limitation under Section 468 of the CrPC, the relevant date is the date of filing of the complaint or lodging of the FIR, and not the date on which the Magistrate takes cogniza..

Adverse inference drawn against a plaintiff for non-appearance in the witness box is rebuttable and not conclusive. Where cogent and reliable evidence on record successfully displaces such p..

Deduction from the salary of a deceased motor accident victim on grounds unrelated to the accident is impermissible in law. Under the principles settled in Sarla Verma v. Delhi Transport Cor..

Pre-trial quashing of a Section 138 complaint is impermissible once the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 is triggered. Whether a cheque was iss..

Under Section 294(b) IPC, obscenity requires satisfaction of the "prurient interest" test — the words used must appeal to prurient interests or tend to deprave and corrupt the audience. Vu..

A party that abandons arbitration proceedings is barred from initiating fresh arbitration on the same cause of action. Order 23 Rule 1 of the Code of Civil Procedure applies to proceedings u..

Prolonged incarceration without commencement of trial amounts to punishment and violates the right to speedy trial under Article 21 of the Constitution. Delay in trial is a significant facto..

Vague and omnibus allegations against relatives of a husband, unsupported by corroborating material, cannot sustain criminal prosecution in matrimonial disputes. Mere mention of names in an ..

A decree-holder who abandons independent suits challenging third-party title cannot subsequently seek dispossession of those parties through execution proceedings. Though dismissal of a suit..

Testimony of a child victim, when credible and corroborated by medical evidence, cannot be discarded on the basis of minor inconsistencies or perceived improbabilities in the prosecution tim..

Where no arbitration agreement exists between parties, an arbitrator lacks inherent jurisdiction and any award passed is non-est in law. Participation by a party in arbitration proceedings u..

Clause 3 of the Constitution (Scheduled Castes) Order, 1950 imposes an absolute bar. No person professing a religion other than Hinduism, Sikhism, or Buddhism can claim Scheduled Caste statu..