Loan repayments leading to acquisition of assets partake the character of capital investment and cannot be equated with necessary or unavoidable expenditure for the purpose of determining ma..

A subsequent suit for declaration of title is barred under Explanation IV to Section 11 CPC, read with Order II Rule 2 CPC, if the plaintiff omitted to seek such declaration in an earlier su..

Contempt jurisdiction is confined to examining compliance with binding directions issued in the original proceedings. Courts exercising contempt jurisdiction cannot re-adjudicate issues alre..

High Courts, while exercising inherent jurisdiction under Section 482 of the Code of Criminal Procedure, cannot travel beyond the allegations in the complaint and material placed by the comp..

Non-execution of a declaratory decree cannot justify a delayed challenge to that decree, particularly where the decree-holder is already in possession of the suit property. A plaintiff holdi..

Discharge at the pre-trial stage, for lack of evidence to even frame charges, places an accused on a better footing than acquittal after a full trial. Discharge signifies that no material ex..

In anticipatory bail proceedings, the temporal sequence of events and the conduct of parties preceding the registration of an FIR are relevant considerations. Where a criminal complaint appe..

Under Section 7(3) of the Dowry Prohibition Act, 1961, a person aggrieved by a dowry offence cannot be prosecuted under the Act solely on the basis of statements or complaints made by them a..

Loan repayments that lead to creation of assets cannot be treated as necessary expenditure for the purpose of reducing maintenance liability under Section 144 of the Bharatiya Nagarik Suraks..

Criminal proceedings under the Protection of Women from Domestic Violence Act, 2005 can be quashed where they are instituted not out of genuine grievance but as a strategic device to stall a..

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..

Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the d..