Order XV Rule 5 CPC: Courts Must Avoid Mechanical Striking Off of Defence; "First Date Of Hearing" Clarified

Constitution of India- Article 226 - Practice and Procedure -Litigants and lawyers to place on record all facts germane to or connected with the litigation before the Court. It is for the Court concerned to decide and rule as to what, in a given set of facts…

Constitution of India - (i.) As per Article 269(1) of the Constitution of India, the Union Government has the competence to levy and collect tax on sale and purchase of goods in the course of inter-State trade or commerce. (ii.) Article 286(1) of the Constitution…

Code of Criminal Procedure 1973 - Section 482- Criminal law cannot be used to further the cause in a purely civil dispute. [Context: The Supreme Court quashed an FIR in a land dispute]



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Extracted Case Information


Case name: Sunisha Anand…

Supreme Court flags serious delays in High Courts’ bail hearings affecting undertrial liberty.

Motor Accident Compensation - No legal aspects discussed in this judgment- The Supreme Court restored the MACT calculation for loss of earning capacity, upheld the High Court’s amounts under other conventional heads but deleted the Rs. 50,000 for amenities…

Code of Criminal Procedure 1973 - Section 482 - The appellant, originally appointed to State service in 1984 as a ‘Mallah’ (backward class), later produced a 1993 caste certificate (Annexure P4) claiming to belong to the Scheduled Tribe ‘Majhwar’, which was…

Matrimonial Appeal - Divorce Suit - The husband’s suit for divorce was decreed by the Family Court on 01.03.2017, but the High Court, in appeal (C.M.A. No. 3566 of 2019), dismissed it solely because arrears of maintenance had not been cleared. SC held: Even…

Kerala High Court Act, 1958 - Section 5 ; Contempt of Courts Act, 1971 - Section 19 - Appeal against an interlocutory order of a Single Judge of the Kerala High Court in contempt proceedings, where the High Court had only found a prima facie case of civil…

SC sets aside Delhi HC’s sewer-line directions, says courts can’t step into admin’s shoes

Code of Civil Procedure, 1908 - Section 2(2) - Partition Act, 1893 - Section 2– 4 - An Order made under Sections 2 to 4 of the Partition Act is also a deemed Decree within the meaning of Section 2(2) of the CPC. There is no need to

Unlawful Activities (Prevention) Act, 1967 - UAPA Act - Constitution of India - Article 21-22 - The statutory embargo of Section 43-D(5) must remain a circumscribed restriction that operates subject to the guarantee of Articles 21 and 22 of the Constitution.…

Indian Penal Code 1860 - Section 304A ; - Motor Vehicles Act, 1988 - Section 134(b),187; Probation of Offenders Act, 1958 - No legal aspects discussed in this judgement - The appellant, a BMTC bus driver, was convicted under Section 304-A IPC and Section…

Constitution of India - Article 21 -The right to live with dignity under Article 21 of the Constitution of India necessarily encompasses the right of every citizen to move freely and access public spaces without living under a constant apprehension of physical…

Is Crime Scene Re‑enactment Based Evidence Admissible In Criminal Trials?

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 -Bail - The Supreme Court considered an appeal arising from the Allahabad High Court’s rejection of Rambalak’s second bail application, where the High Court had also reiterated wide‑ranging administrative…

Electricity Act, 2003, - Punjab State Grid Code, 2013 - SG Code in its operation and scheduling and despatch contemplates breach by the SGS on four facets : (i) over-injection and underinjection, covered in UI Regulations (ii) deviation, reckoned by the DSM…

Motor Accident Compensation - In a given case, while assessing the compensation, the Court may adopt the amount of minimum wages notified, if they are found higher than the rates of salary notified by the other authorities like the District Commissioner,…

Motor Accident Compensation - A skilled driver’s income should not be mechanically tied to minimum wage notifications when the claim is reasonable. [Context: In this case, the Supreme Court held that fixing the monthly income at only Rs. 1,800 was unconscionably…

Matrimonial - Transfer Petition - The husband challenged a Gujarat High Court order that had allowed the wife’s transfer application and moved his divorce case from the Family Court at Ahmedabad to Vadodara. The Supreme Court noted that the two minor children…