Under the Consumer Protection Act, substantial damages cannot be awarded on presumptions or photocopies of unproven documents. While the Evidence Act does not strictly apply, natural justice..

For recovery of possession, plaintiff must plead and prove entitlement to property, manner of entitlement, specific date and mode of dispossession, and nature of defendant's possession estab..

A photocopy of Power of Attorney constitutes secondary evidence and cannot be relied upon unless twin requirements under Section 65 Evidence Act are satisfied: factual foundation proving exi..

Grant of regular bail or anticipatory bail cannot be made subject to deposit of any amount. Where case for bail is made out, Court must grant it unconditionally; where not made out, Court ma..

For conviction under Section 376 IPC, complete sexual intercourse is not mandatory; mere penetration suffices per Explanation to Section 375 IPC. Intact hymen does not negate penetration. Vi..

For conviction under Section 304B IPC, prosecution must prove cruelty or harassment in connection with dowry demand inflicted soon before death. General allegations of harassment without spe..

Statutory obligation of maintenance under Section 125 of the Code of Criminal Procedure is not discharged merely because the ex-wife is educated or has parental support. Maintenance must be ..

Power to summon additional accused under Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available only before framing of charges. Once cognizance is taken and charges are fra..

Summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 is not available where the defence raises substantial factual disputes requiring evidentiary determination. The power..

Mere leasing of a residential flat after taking possession does not exclude a purchaser from the definition of "consumer" under Section 2(1)(d) of the Consumer Protection Act, 1986. The domi..

Issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the rule for offences punishable with imprisonment up to seven years. Arrest is an exception. Compli..

Custody of a child cannot be restored to adoptive parents where the child was procured through a process not recognised under the Juvenile Justice (Care and Protection of Children) Act, 2015..