Blogs And Articles

By the team of Prime Legal
Natural guardians are not required to furnish security under rule 422 of the Bombay High Court (OS) Rules: Bombay High Court
April 16, 2021by Primelegal Team0

The father and mother are natural guardians and in the matter of interpretation of a statute, the mother’s right to act as the natural guardian d

Corroboration is not an imperative component of judicial credence in every case of rape: Patna High Court
April 15, 2021by Primelegal Team0

Refusal to act on the testimony of the victim of sexual assault, in absence of corroboration as a rule, is adding insults to the injury. This was s

Prosecution needs to prove each of the links in the chain of circumstances beyond reasonable doubt: Patna High Court
Prosecution needs to prove each of the links in the chain of circumstances beyond reasonable doubt: Patna High Court
April 15, 2021by Primelegal Team0

No doubt that the offence committed was gruesome and revolts the conscience but that alone could not have been a ground to convict the accused- app

The prosecution is under an obligation to lay down the foundational facts before presumption can be drawn against the accused U/S 29 and 30 of POCSO Act: Gauhati High Court
April 15, 2021by Primelegal Team0

The prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond a reasonable doubt, but b

Where the prosecution’s testimony is inadequate to support the charge levied against the perpetrator, the accused’s plea of alibi will not be required to be investigated: Gauhati High Court
April 15, 2021by Primelegal Team0

If the evidence, adduced by the prosecution is insufficient to uphold the charge brought against the accused, the plea of alibi taken by the accuse

Writ actions cannot be enforced after an unreasonable lapse of time: High Court of New Delhi
Writ actions cannot be enforced after an unreasonable lapse of time: High Court of New Delhi
April 15, 2021by Primelegal Team0

Writ actions cannot be invoked after undue delay and latches. Accordingly, this Court is of the view that the petitioner cannot challenge his APAR

Insolvency and Bankruptcy Code, 2016 has not excluded application of Section 4 to Section 24 of the Limitation Act, 1963: National Company Law Appellate Tribunal
April 15, 2021by Primelegal Team0

Article 137 of the Limitation Act, 1963 defining a period of 3 years will be computed after considering Section 18 or 19 of the Limitation Act, 196

Inherent Power under Section 482 does not confer any arbitrary jurisdiction on courts: Bombay High Court
Inherent Power under Section 482 does not confer any arbitrary jurisdiction on courts: Bombay High Court
April 15, 2021by Primelegal Team0

Quashing the FIR by going beyond the averments, to consider the merits of the case even before the investigating agency has embarked upon the legal

Merits of the allegations cannot be examined while dealing with an application for quashing of the FIR under section 482 of the CrPC: Bombay High Court
April 15, 2021by Primelegal Team0

For an FIR to be quashed under Section 482 of the CrPC, it is necessary to show that the FIR was lodged with mala fides or malice. For this, the co

Judicial officers in subordinate service cannot stake claim of “past experience” as advocate for being promoted to direct recruitment from the Bar as a District Judge: Patna High Court
April 14, 2021by Primelegal Team0

When the law is clear from the beginning, the petitioner cannot be allowed to stake claim of being appointed as a District Judge from the stream of