Mere violation of a statutory provision, such as non-wearing of a helmet, does not automatically entitle a tortfeasor to plead contributory negligence. Such violation must have a direct caus..

Provisional attachment of a bank account under tax law is a drastic power and must be exercised strictly in accordance with statutory requirements. Formation of opinion based on tangible mat..

Under the NDPS Act, 1985, "ganja" is defined to include only the flowering or fruiting tops of the cannabis plant, excluding leaves, seeds, and stalks when not accompanied by such tops. For ..

Invocation of Section 73 of the Indian Evidence Act, 1872, for obtaining handwriting samples requires prior disclosure of purpose to the parties. Without such disclosure, refusal to provide ..

Declaration of an accused as absconder under Sections 82 and 83 CrPC cannot be resorted to without exhausting all reasonable and efficacious steps to secure the presence of the accused. The ..

Under Section 94 BNSS, a husband in maintenance proceedings may seek production of employment and income records of the wife from a private institution where she is employed, if such informa..

Eviction proceedings against a tenant cannot be continued once the tenant acquires ownership rights in the suit property, even to the extent of a share. Upon such acquisition, the tenant att..

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..

A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While sta..

Under Section 311 CrPC (now Section 348 BNSS), a trial court may summon witnesses or exhibit documents at any stage of trial, including after closure of evidence, if such evidence appears es..

Dearness allowance payable to serving employees and dearness relief payable to pensioners share a common object of neutralising the impact of inflation. Granting a higher rate of dearness al..

A person not party to original writ proceedings cannot be denied impleadment where an interim order passed in those proceedings directly and demonstrably affects such person's rights or prop..