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Supreme Court & High Courts Judgments
A land acquisition award is treated as a decree only by legal fiction to facilitate enforcement. Since it is not a decree actually passed by a civil court, Sections 38 and 39 of the Code of ..
Calcutta High Court
Desertion under Section 13(1)(b) of the Hindu Marriage Act requires proof of animus to desert, in addition to factual separation. Unproven allegations of extra-marital relationship constitut..
Karnataka High Court
Bail granted solely on parity with co-accused, without independently examining criminal antecedents, absconding conduct, use of fake identities, and likelihood of repeat offences, is pervers..
Supreme Court
Applicability of the statutory bar to the suit cannot be decided at the threshold stage under Order VII Rule 11(d) of the CPC. Mere advancement of money at interest does not automatically c..
Bombay High Court
Recognition of a single mother as a complete parent for civic identity is constitutional fidelity, not charity. Compulsion to carry a father's name and caste in school records, where the fat..
Temporary residence adopted out of compulsion after domestic violence falls within Section 27 of the Protection of Women from Domestic Violence Act, 2005, conferring jurisdiction on the cour..
A single complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable for dishonour of multiple cheques covered by a consolidated statutory notice, provided all cheque..
Kerala High Court
Direction to deposit a minimum of 20% of the compensation amount under Section 148 of the Negotiable Instruments Act is the general rule when an appeal is preferred against conviction under ..
Punjab & Haryana High Court
Reimbursement of medical expenses incurred at a non-empanelled private hospital outside the State cannot be denied on technical grounds when no treatment facility for the ailment is availabl..
Banker's lien under Section 171 of the Indian Contract Act extends to money deposited with a bank, including salary accounts, and is not limited to physical goods. The protection under Secti..
A Magistrate retains power under Sections 209 and 323 of the Code of Criminal Procedure to commit a case to a Court of Sessions if any offence is exclusively triable by that court, including..
Consent to sexual intercourse is vitiated by misconception of fact where a woman cohabits solely on the belief of being a lawfully wedded wife, and that belief is induced by concealment of a..
Delhi High Court
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