The law mandates issuance of a written notice to the correct address of the accused -- Actual service of such notice upon the accused is not a requirement of law. (Para 8)..

The merits of a proposed amendment cannot be prejudged at the stage of considering an application for amendment -- CPC, 1908, O.6 R.17 (Para 9)..

Where a mandatory condition precedent to issuance of summons has not been fulfilled, allowing criminal proceedings to continue would amount to permitting a prosecution founded upon an invali..

Although there is no period of limitation prescribed for filing a mutation application, an application filed after a delay of more than 45 years raises serious doubt about the genuineness of..

It renders the suit not maintainable -- Once such misdescription is established, the Court cannot proceed to examine the merits of the case -- First Appellate Court was right in holding that..

A personal diary maintained by the complainant does not fall within the scope and protection of S.122 of the Evidence Act (S.128 of BSA, 2023) -- Such diary is not barred from being produced..

Where a settlement agreement was recorded only before a civil court and a decree was passed in the civil suit, but the criminal complaint was neither referred to mediation nor was any compro..

Where a minor who is a legal heir is not made a party to the proceedings, and no steps are taken to appoint a lawful guardian on his behalf, the minor cannot be expected to appear or raise o..

A co-owner who is in exclusive possession of a specific portion of joint property is entitled to seek protection against any interference by other co-sharers -- No co-sharer has the right t..

Whether the cheque was dishonoured due to insufficient funds or due to freezing of the petitioner's account is a question of fact that can only be decided during trial -- Petition dismissed ..

The fact that a husband has other family obligations and responsibilities does not excuse him from his primary duty to maintain his legally wedded wife -- CrPC, 1973, Ss.125, 127 (Para 7)..

When a court returns a plaint due to lack of territorial jurisdiction, the suit must start afresh before the court having proper jurisdiction, even if both parties had already completed reco..