Section 141 of the Negotiable Instruments Act deals with vicarious liability when the drawer of the dishonoured cheque is a company or firm, not a natural person. It says that along with the company, ...
SCC 791, held that while deciding bail, the court should apply the triple or tripod test, namely: whether the accused is likely to flee from justice, whether he may tamper with evidence or influence ...
Section 15(1) lays down the general order of succession to the property of a Hindu female dying intestate. It applies to property that was her absolute property, meaning property vested in her fully ...
A retracted confession is not to be rejected merely because it is retracted, but the court must examine it with great caution. The first test is whether the confession was voluntary and truthful, free ...
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The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if-- (a) the Court from whose decree the appeal is preferred has ...
The Real Distinction Explained for Judicial Service and Practice. The distinction between procedural review and review on merits is fundamen ...
Section 22 of the Hindu Succession Act provides right of preemption in favour of heirs of a deceased Hindu inter se amongst the Class-I legal heirs, in case where the owner dies intestate. Perusal of ...
Section 105 CPC means that normally no separate appeal lies from every order, but if a final decree is appealed, then any error, defect, or irregularity in an order which affected the decision of the ...
21. Thus, the position of law is that relinquishment could be made at any stage of the litigation including the appellate stage. The claim of the plaintiff appellant for grant of benefit under ...
An order appointing a Court Commissioner can generally be challenged in the appeal from the decree, if that interlocutory order affected the decision of the case. The relevant provision is Section 105 ...
As regards jointness, it is not in dispute that the property has devolved on three sons by virtue of will executed by their father. The will demarcates the portion allotted to each son. There is a ...