Under Section 27 of the General Clauses Act, 1897, a statutory presumption of service arises when a notice under Section 138 of the Negotiable Instruments Act is properly addressed, prepaid,..

Under Section 138 of the Negotiable Instruments Act, the reason for dishonour of a cheque — whether for insufficiency of funds or freezing of account — is a disputed question of fact tha..

A driving licence in booklet form cannot be treated as fake solely on the ground that it was not converted into a smart card, where the prescribed deadline for such conversion had not yet ex..

Under Section 125 of the Code of Criminal Procedure, maintenance cannot be granted without considering the professional competence and earning potential of the wife-claimant. The object of S..

Under Mohammedan Law, talaq takes effect from the date of its pronouncement by the husband. A subsequent court decree confirming the talaq is merely declaratory in nature and relates back to..

Electricity being a basic necessity, its supply to a consumer in lawful possession cannot be discontinued merely because civil litigation concerning the property is pending. Disconnection is..

Under Section 144 BNSS, maintenance proceedings are summary in nature and contain no provision for impleadment analogous to Order I Rule 10 of the Code of Civil Procedure. The applicant, as ..

Administrative authorities cannot declare a building unsafe as a device to evict tenants while bypassing the legally prescribed remedy of filing a civil suit for ejectment. Such colourable e..

Bickering and initial discord between spouses, particularly in the early stage of marriage, do not amount to cruelty justifying dissolution of marriage. Cruelty, to ground a divorce petition..

Under the Protection of Women from Domestic Violence Act, 2005, the scope of challenge to an ex parte interim maintenance order is confined to demonstrating absence of service or sufficient ..

Absence of documentary proof of income is not a valid ground to deny just compensation to an injured claimant in motor accident proceedings. Motor Accident Claims Tribunal proceedings are su..

A party that abandons arbitration proceedings is barred from initiating fresh arbitration on the same cause of action. Order 23 Rule 1 of the Code of Civil Procedure applies to proceedings u..