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..

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..