Blogs And Articles

By the team of Prime Legal
Acquittal of the accused is a necessary consequence of the dismissal of complaint in default of appearance of the complainant: High Court of J&K and Ladakh
October 8, 2021by Primelegal Team

If a Magistrate chooses to dismiss a complaint because of non-appearance of the complainant, he has to acquit the accused meaning thereby that acqu

An application under Section 439 of Cr.P.C should ordinarily be filed before the Sessions Court at the first instance and not directly before the High Court: High Court of J&K and Ladakh
An application under Section 439 of Cr.P.C should ordinarily be filed before the Sessions Court at the first instance and not directly before the High Court: High Court of J&K and Ladakh
October 8, 2021by Primelegal Team

Although Section 439 Cr. P. C gives concurrent jurisdiction to High Court and Sessions Court to consider a bail application of an accused yet, as a

When the Writ Petition is barred by delay and laches, the merits of the case are not required to be considered: Supreme Court
October 8, 2021by Primelegal Team

The learned Single Judge ought not to   have   entertained   the   writ   petition on the ground of delay and laches alone as held by the

Cancellation of bail on re-appreciation of facts would amount to review of earlier order: Himachal Pradesh High Court
Cancellation of bail on re-appreciation of facts would amount to review of earlier order: Himachal Pradesh High Court
October 8, 2021by Primelegal Team

Cancellation of bail for breach of a condition imposed, at the time of granting bail, does not amount to review or modification of earlier order gr

Disputed question of facts arising out of contract cannot be resolved through the jurisdiction under Article 226: Chhattisgarh High Court
October 8, 2021by Primelegal Team

It is settled law that the rights arising out of a contract cannot be resolved through the discretionary jurisdiction of this Court under Article 2

Every High Court shall be a court of record for all the lower courts in a State: High Court Of New Delhi
October 8, 2021by Primelegal Team

Respondent demolishes the suit premises of the petitioner and the same issue was held in the judgement passed by a single bench judge comprising HO

The Insolvency & Bankruptcy Code, 2016
October 7, 2021by Primelegal Team

Earlier Insolvency Regimes in India: Prior to the enactment of the Insolvency and Bankruptcy Code, 2016 (the “Insolvency Code”) the existing fr

The word ‘grounds’, under Article 22(5) of the Constitution, means not only the narrations or conclusions of facts, but also all materials on which those facts or conclusions which constitute grounds are based: High Court of J&K and Ladakh
October 7, 2021by Primelegal Team

The word ‘grounds’ used in clause (5) of Article 22 of the Constitution means not only the narrations or conclusions of facts but also all mate

A Writ of Mandamus cannot be issued unless the petitioners have a vested right of appointment: High Court Of Jammu & Kashmir And Ladakh
October 7, 2021by Primelegal Team

The competent authority seemed to have considered the detailed opinion rendered by the Law Secretary and instead of taking a policy decision, had d

Court will interfere in tender or contractual matters only when the process adopted or decision made by the authority is mala fide or intended to favor someone : Jammu and Kashmir High Court
Court will interfere in tender or contractual matters only when the process adopted or decision made by the authority is mala fide or intended to favor someone : Jammu and Kashmir High Court
October 7, 2021by Primelegal Team

Interference is made by the court only when the process adopted or decision made is so arbitrary and irrational that the court can say : ‘the