When presence of witnesses summoned under Section 311 CrPC cannot be secured despite all efforts, including service of bailable and arrest warrants, the trial court is justified in closing s..

Any alteration or correction in an unprivileged will has no legal effect unless duly attested by the testator and witnesses in the manner prescribed under Section 71 of the Indian Succession..

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..

An advocate has no lien over case bundles or legal proceedings and cannot halt the progress of a case to compel payment of disputed fees. A fee dispute between an advocate and a private liti..

Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881 are rebuttable. Where the accused raises a probable defence sufficient to cast doubt on the existenc..