The High Court rejected this line of defence The court noted that as on the date of the impugned order, namely 11 November 2022, no amendment application was before the trial court. It further ...
No. 23914 of 2023, decided on 17 March 2026 The Bombay High Court has reaffirmed a basic but often ignored procedural principle: when the very cause of action in a suit disappears because of ...
Insofar as the present appellant is concerned, it appears the deceased initially borrowed Rs. 4 lacs and in lieu thereof, issued a cheque drawn on State Bank of India. Later, Rs. 6 lacs were also lent ...
The Supreme Court on Friday clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Unio ...
Rajasthan Housing Board is a valuable reminder that courts must not confuse the doctrine of precedent with the rule of res judicata. The judgment shows that even where another court has taken a ...
At this stage, we may note that one of the grounds that weighed with the High Court was that the offences against Respondent No. 1 were triable by a Magistrate. However, the High Court overlooked the ...
In relation to an issue of law, the first appellate court owes no deference to an erroneous legal view taken by the trial court. Its duty is to identify the correct legal principle and then apply that ...
In that view of the matter, it would always be open to a Magistrate, if he is of the opinion that any of the offences in the case are exclusively triable by a Court of Sessions, to commit the case to ...
When MCOCA is invoked mid‑stream in a case where the accused is already on bail, three issues arise together: jurisdiction, the fate of existing bail, and the correct form of the Sessions Court’s ...
Eminent Colonizers Private Limited Vs. Rajasthan Housing Board and Ors.
The general Rule is that all issues that arise directly and substantially in a former suit or proceeding between the same parties are res judicata in a subsequent suit or proceeding between the same ...
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