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Supreme Court & High Courts Judgments
Assessment of Rent--Co-sharers who are in self occupation of the part of the property and the Co-sharers who are carrying their own business in the portion in their possession cannot be abso..
Supreme Court
Issuance of a non- bailable warrant, at the first instance, shall be avoided...
An agreement was signed and cheque was issued by the accused--Accused had put his signature on the agreement drawn on a white paper and not on a stamp paper--Acquittal..
Complainant failed to establish as to how a cheque issued by the accused allegedly in favour of third party landed in his hands--Presumption rebutted through the preponderance of probabiliti..
Complainant had neither the financial capacity to lend nor the loan was depicted in his Income Tax Returns--Complainant failed to showcase as to when the said loan was advanced to the Accuse..
Contradiction with regard to time of issuance of cheque--Whether it was issued at the time of advancing loan or whether after due deliberations on refusal to repay--Acquittal..
Jostling and pushing, in the process of the appellant trying to escape himself from the arrest--Such an act was not with any intention to assault or use criminal force--Acquittal..
Repayment of Loan--Once the execution of cheque is admitted then mere dispute with regard to rate of interest cannot be ground to hold that there was no legally enforceable debt..
Restructuring of Loan--Banks are obliged to adopt the restructuring process on its own before declaring the loan account of MSME as NPA..
High Court itself formulated the substantial question of laws without giving an opportunity to the parties to argue on those substantial questions of law--Impugned judgment set aside..
Cause of delay is to be considered and not the length of delay..
Post Mortem Report--Conclusions in post-mortem reports as to the time of death are approximations with a margin of error of about half a day..
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