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Code of Civil Procedure - Order I Rule 10(2) - entitled the Court to add necessary or proper party - A suit filed by the occupier/ tenant/ licensee seeking to restrain the local authority from taking action of demolition against the property,

where the landlord/ owner of the property seeks impleadment, the Court is empowered to permit the same exercising the power under Order I Rule 10(2) of Code of Civil Procedure on the premise that the landlord/ owner is a proper party. (CDJ 2023 BHC 1847)

30 November 202 Read More Share
Criminal Procedure Code - Section 408, Section 194 - The Petitioner sought to transfer the trial to some other Judge -

the accused cannot have a judge of his own choice. Simply because some adverse orders had been passed against the accused persons during the course of trial, no presumption or assumption will arise that the judge is seriously prejudiced. The petition deserves no consideration at all and accordingly, it is dismissed. (CDJ 2023 MHC 7011)

30 November 202 Read More Share
Negotiable Instruments Act – Section 138 – Unclaimed Notice -

Notice issued under section 138 of NI Act will be considered as served when it was returned unclaimed by the postal endorsement.(CDJ 2023 Ker HC 1212)

15 November 202 Read More Share
National Investigation Agency Act - Section 21 - Limitation Act - Sections 5 and 29 - condonation of delay - (CDJ 2023 BHC 1395)

Appellate Court has the power to entertain an appeal even after the statutory period of 90 days- Courts cannot be mute spectators or helpless and dismiss an appeal, simply because it is filed beyond 90 days, despite sufficient cause being shown, for filing the appeal belatedly.

16 September 20 Read More Share
Indian Penal Code- Section 415-"Online matrimonial fraud-

there is no rules or regulations, nor even, SOP (Standard Operating Procedure) for on-line matrimonial web-site before for hoisting profiles of bride or bridegroom, as the case may be. In most of cases, the victims of this kind of on-line matrimonial fraud are woman. Central or State Government shall take initiation for formulation of rules governing some kind of preventive measure to protect the prospective person for marriage, needs necessary regulation of web-site ensure material facts are not suppressed or omitted at the initial time of initiation of marriage proposal. (CDJ 2023 MHC 5328)

29 August 2023 Read More Share
Hindu Marriage Act, 1955 - Section 13 (i) (a) -Code of Civil Procedure, 1908- Section 24 – Transfer of Divorce Petition- The convenience of the wife is to be preferred over the convenience of the husband. (CDJ 2023 BHC 1371)

For a lady to travel alone for the proceedings to a Court where the fate of her marriage is going to be decided without any family member would definitely be a matter of concern and cause not only physical inconvenience but also emotional and psychological inconvenience. The Court allowed wife’s Transferred Petition.

15 September 20 Read More Share

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Indian Admiralty law made as Easy as ABC by - Justice Abdul Quddhose, Madras High Court

In many ways, the concept of Admiralty law is more or less similar to the law relating to properties on land and only the terminologies...

16 May 2022 Read More
THE TWO CHILD NORMS - A FLASH BACK by - P.B. Sahasranaman, Advocate

Over 34 years of practice as a lawyer, with focus on Environmental Laws in India. Expertise includes Coastal Regulation Zone (CRZ) and other ...

16 May 2022 Read More

Constitution of India provides various rights to "persons." Person means artificial and natural person. Natural person include all human being.

16 May 2022 Read More

Latest Judgements From High Courts

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The State of Rajasthan, Through The Principal Secretary,Medical And Health Department, Jaipur & Others Versus Gajendra Narayan Patidar & Others - High Court of Rajasthan, Jodhpur Bench - DT : 19-05-2022

These special appeals (writ) involve common question of law and were clubbed together. However, as the same are directed against different orders passed by learned Single Bench and involve distinct factual issues, the same are being decided separately...

by CDJ | 21 May 2022

Namita Valla Versus The State of West Bengal - High Court of Judicature at Calcutta - DT : 19-05-2022

This appeal has been preferred by the convict appellant under Section 374 (2) of the Code of Criminal Procedure, 1973, assailing judgment and order of conviction dated 15.9.2003 and sentence dated 16.9.2003 passed by learned Judge Special Court under NDPS Act Birbhum, Suri, in connection with CCase ..

by CDJ | 21 May 2022

Jaganath Hiroji Rawool & Others Versus C.J. Jogy & Others - In the High Court of Bombay at Goa - DT : 20-05-2022

These two appeals are directed against the judgment and award dated 29.04.2015 in Claim Petition No.46/2010, by which the Motor Accident Claims Tribunal (Tribunal) awarded compensation of Rs.15,80,000/- to the Claimant Mr. C.J. Jogy for injuries suffered by him in a vehicular accident. The First App..

by CDJ | 21 May 2022

Raj Bala Versus State of NCT & Others - High Court of Delhi - DT : 20-05-2022

Criminal Procedure Code - Section 482 - The petitioner had, along with her complaint, filed an application under Section 156(3) of the Code of the Criminal Procedure, 1973 (for short, “Cr.P.C.”) seeking directions to the police for the registration of an FIR for the commission of offences under ..

by CDJ | 21 May 2022