A change of land use (CLU) permission granted without statutory authority is void from inception. Under the Punjab Regional and Town Planning and Development Act, 1995, any alteration to a M..

Condonation of delay under Section 5 of the Limitation Act, 1963 is not a right but a discretionary relief. Courts are not bound to condone delay merely because the applicant is a State. Bur..

MACT proceedings are civil in nature and negligence must be adjudicated on preponderance of probabilities, independent of criminal proceedings. A conviction recorded on a guilty plea in a cr..

Uncontroverted factual assertions in a writ petition are deemed admitted by implication under Order VIII Rules 3 and 5 CPC. A general or evasive denial is no denial in law. Admitted facts re..

Under Section 27A of the NDPS Act, the statutory ingredients of financing illicit traffic and harbouring offenders are distinct from mere involvement in sale or transportation of contraband ..

Under Section 44A(3) read with Section 13 CPC, inquiry into exceptions to executability of a decree from a reciprocating territory is ordinarily summary in nature and not equivalent to a ful..

Habeas corpus is not the appropriate remedy to adjudicate child custody disputes in matrimonial proceedings. Where no custody order exists and no custody proceedings are pending, a working m..

Under Section 19 of the Domestic Violence Act, 2005, a residence order does not confer an indefeasible right to insist upon a specific property where suitable alternate accommodation of equi..

Suppression, concealment, or selective disclosure of material facts in a bail application amounts to abuse of process and vitiates the order at its root. Where a High Court ignores official ..

A sale deed executed after attachment is void under Section 64(1) CPC against all claims enforceable under the attachment. The exception under Section 64(2) applies only where the transfer i..

Under Section 14(1) of the Hindu Marriage Act, the one-year bar on filing a divorce petition may be waived where exceptional hardship is established. Where a marriage is never consummated, p..

A transferee who acquires property after the institution of proceedings or the passing of an arbitral award is a transferee pendente lite and is barred under Order XXI Rule 102 CPC from resi..