Blogs And Articles

By the team of Prime Legal
Decree granted by RERA to homebuyers cannot be the basis for initiating insolvency: NCLAT

Decree-holder cannot be treated as a financial creditor for the purpose of triggering insolvency proceedings against a company. The judgment passed

There is no absolute rule that an extra-judicial confession can never be the basis of a conviction: Orissa High Court

An extra-judicial confession is a weak piece of evidence or not, it depends upon the facts of that particular case and it should be examined by the

Preventive detention to be exercised with utmost caution and restraint: High Court of Jammu and Kashmir

Preventive detention is passed with a view to prevent the person from committing such illegal activities in future on the past conduct which may be

Order of a High Court which does not contain reasons for prima facie concluding that a bail should be granted is liable to be set aside for non-application of mind: The High Court of Delhi

There is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged o

Asserting a fact for the purpose of getting bail and denying the same while seeking leniency by revision cannot be entertained: Jharkhand High Court

In a case where bail is granted by asserting one fact , denial of the same fact cannot be a ground for seeking leniency and modifying the sentence

Illegal : Rejecting applications for deleting land records from prohibitory list of land by relying solely on webland record.: High Court of Andhra Pradesh

Rejecting mee-seva application by relying solely on webland records and assignment proceedings of D-form patta and not considering revenue records

Written dying declaration is preferred over oral dying declaration in case there is any conflict between the two of them: Chhattisgarh High court
Written dying declaration is preferred over oral dying declaration in case there is any conflict between the two of them: Chhattisgarh High court

Dying declaration in writing when issued by Executive Magistrate without any pressure, the written dying declaration holds a much higher evidentiar

Contempt action ought to proceed only when wilful disobedience has been established: Supreme Court
Contempt action ought to proceed only when wilful disobedience has been established: Supreme Court

While hearing a contempt petition, the Apex Court held that contempt action can only be proceeded with when the act or omission of the alleged part

S.86(1)(f) of the Electricity Act, is a special provision which overrides the general provisions contained in S.11 of the Arbitration and Conciliation Act 1996: Supreme Court

Section 86(1)(f) vests a statutory jurisdiction with the State Electricity Commission to adjudicate upon disputes between licensees and generating

Accused being granted bail should be given a choice between surety bonds and fixed deposits: High Court of Himachal Pradesh
Accused being granted bail should be given a choice between surety bonds and fixed deposits: High Court of Himachal Pradesh

A surety bond is when an amount of cash is paid by a third party on behalf on the accused, with that third party (bondsman) vouching for the defend