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..

Extraordinary writ jurisdiction under Article 226 of the Constitution cannot be invoked to direct registration of an FIR when equally efficacious statutory remedies remain unexhausted. The B..

Bail conditions prescribed under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita apply only to non-bailable offences punishable with imprisonment of seven years or more, or to offen..

A bona fide purchaser of property, who acquires it for valuable consideration without knowledge of any forgery in the vendor's title documents, cannot be held criminally liable for cheating ..

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 ..

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..