Ex Parte at Trial, New Defence in Appeal? The Real Limits of the First Appellate Court Under the CPC
A first appeal under Section 96 CPC is not a mere formality. It is a rehearing on facts and law, and the first appellate court has a duty to independently test the correctness of the decree on the ...
The question is not whether offences under the Rights of Persons with Disabilities Act, 2016 deserve prompt and effective prosecution; they certainly do. The real issue is narrower and jurisdictional: ...
Ans:- Civil procedure does not permit justice to become one-sided merely because the defendant has been proceeded ex parte. A recurring question arises where, after setting the de ...
In regard to the action of the learned Special Judge of taking cognizance of the offence directly, there appears substance in the submission of Mr. Bhasin. {Para 40} ...
The Bombay High Court’s decision in Ms. C.B. Healthcare and Ors. v. Union of India is a significant reminder that prosecutions under the Drugs and Cosmetics Act, 1940 must satisfy not only public ...
A parent statute is the main law enacted by the legislature, while a notification is a form of subordinate or delegated legislation issued under that law to carry it out. Since the delegate has no ...
A trap is planned. The complainant is prepared. The officers wait. But when the crucial moment arrives, the accused refuses to accept the money. No tainted currency is recovered. No hand-wash turns ...
A combined reading of Section 141 and Section 149 IPC (supra) show that an assembly of less than five members is not unlawful assembly within the meaning of Section 141 and cannot, therefore, form the ...
AIR 1981 SC 1390, while dealing with this issue, this Court observed as under: In the depositions of witnesses there are always normal discrepancies, however honest and truthful they may be. These ...
Learned counsel on behalf of the accused has also submitted that this a fit case to draw adverse inference against dropping of Rajesh PW6 and non-examination of his brother Sanjay Mesta who were ...
17. The contention is refuted by the learned counsel for the petitioner by stating that in spite the observation that the petitioner was not permitted to raise the issue, the arbitrator chose to go ...
The complainants have denied the receipt of letter dated 3.4.1985 written by the appellant No. 2 to the father of the deceased, referred to hereinabove. However, the appellants have produced the ...
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