The twin conditions under Section 37(1)(b)(ii) of the NDPS Act are mandatory for grant of bail in commercial quantity cases, and cannot be diluted on the ground of prolonged incarceration or..

Death of a landlord does not automatically extinguish an eviction claim founded on bonafide need; legal heirs may amend the plaint to include their own requirements, particularly where the o..

A High Court, while rejecting an anticipatory bail application, has no jurisdiction to direct the applicant to surrender before a lower court and seek regular bail. Such a direction is wholl..

Criminal liability under Section 138 of the Negotiable Instruments Act, 1881 subsists against directors of a company notwithstanding the initiation of liquidation proceedings against such co..

The right to seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 is available to any party to an arbitration agreement, including an unsuccessful party in arb..

Mere knowledge of a second marriage is insufficient to attract liability of the husband's relatives under Section 494 IPC; the complainant must prima facie establish overt acts or active par..

An arbitration clause using the word 'can' does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The word 'can' denotes capacity ..

Observations made by a High Court in a civil revision petition that mischaracterise the pleaded positions of parties or the effect of prior judicial directions are prima facie erroneous and ..

Mere allegation of an illicit relationship, without a positive act of instigation or incitement in close proximity to the act of suicide, does not satisfy the ingredients of abetment under S..

A plaint cannot be rejected under Order VII Rule 11(d) of the CPC on the ground that the suit is barred by Order II Rule 2. Order VII Rule 11(d) applies only where the suit is barred by any ..

While formal framing of issues may not be mandatory in ex parte suits under Order 14 Rule 6 of the CPC, a court is legally obligated to identify "points for determination" before rendering j..

A bank acting as an agent for collection of cheques is under a legal obligation to exercise due diligence in presenting instruments within their validity period. Failure to re-present cheque..