Under Section 145(1) of the Negotiable Instruments Act, 1881, only the complainant may present evidence-in-chief by way of an affidavit in a cheque dishonour case under Section 138. The prov..

Section 57 of the Evidence Act permits courts to use books or documents of reference only for matters of public history, literature, science, or art. Title to property is a matter of private..

The principle of strict liability applies in cases of electrocution by a live or broken electricity line. An electricity authority is not required to be proved negligent; the burden on the c..

An inquest report under Section 194 BNSS serves the limited purpose of forming a prima facie opinion on the apparent cause of death. There is no statutory requirement to mention the name of ..

A Lok Adalat award is binding only when parties themselves sign the joint memo of settlement. Regulation 17 of the National Legal Services Authority (Lok Adalats) Regulations mandates that p..

An agreement to sell, even if duly executed and proved, cannot be specifically enforced if it violates a statutory prohibition. Where proprietary rights are conferred subject to a restrictio..

Section 494 IPC applies only where the second marriage is void by reason of the subsistence of the first marriage. Under Muslim Personal Law, a Muslim male is permitted to contract up to fou..

Under Mitakshara law, the power of a Karta over coparcenary property is strictly limited to alienations for legal necessity, benefit of estate, or indispensable duties. A unilateral gift of ..

The right to travel abroad is a basic human right protected under Article 21, forming part of personal liberty as recognised in Maneka Gandhi v. Union of India [(1978) 1 SCC 248]. Even a con..

Conviction under Section 363 IPC requires proof that the minor was taken away from the custody of a "lawful guardian." Where the person claiming guardianship has no established legal or fact..

Hundi collections of a temple are resources held in trust for the community of worshippers and carry a public character. Poojaris are not entitled to claim a share in such collections as a m..

Personal presentation of an election petition by the petitioner before the authorised officer of the High Court is a mandatory requirement under Section 81(1) of the Representation of the Pe..