So far as the case in hand is concerned, the learned Magistrate upon satisfying himself regarding to record the service of pre-cognizance notice could have inferred, the forfeiture of the right of ...

It is well settled that generally speaking the provisions of a statute creating public duties are directory and those conferring private rights are imperative. When the provisions of a statute relate ...

The Supreme Court reaffirmed that when an arbitration agreement forms part of a larger contract, there is a strong presumption that the law governing the main contract (lex contractus) also governs ...

Courts must also consider statutory bail rights. If the charge sheet is not filed within the prescribed period (60 days for regular offenses, 90 days for offenses under Section 111 punishable with ...

Confirm the case is registered under the exclusive jurisdiction of Special Courts as per Section 14 of the Act Verify that the Sessions Court has jurisdiction to hear the bail application Apply ...

The Court held that a lease agreement requiring registration under Section 107 of the Transfer of Property Act is inadmissible as evidence if it is not registered. The only exception is for proving a ...

16. However, as Section 187 of BNSS categorically states that subject to condition of bail, the Magistrate may authorize his detention either in judicial or in police custody. Unless, such an order is ...

The learned counsel for the petitioners has submitted that legislature has deliberately used the conjunction “and” in Section 482(4) in place of the disjunction “or” in the said provision, hence, ...

Indian jurisprudence classifies precedents into several types, each with distinct legal consequences: While the doctrine of precedent is vital, Indian law recognizes important exceptions to prevent ...

The Doctrine of Basic Structure stands as the most significant judicial innovation in Indian constitutional law. This doctrine establishes that certain fundamental features of the Constitution cannot ...

Section 330 CrPC allowed conditional bail for non-violent offenders found incapable of defence. BNSS s.369 now lets courts grant bail in all cases—bailable or otherwise—so long as in-patient care is ...

Section 223 BNSS provides for issuance of pre-cognizance notice to the accused and said provision was not available in the corresponding Section 200 of the repealed Code. Such requirement provided ...