Blogs And Articles

By the team of Prime Legal
It may not open for the High Court to interfere under Section 482 CrPC, if statutory compliance of Section 141 of the NI Act has been made: Supreme Court
October 12, 2021by Primelegal Team0

If statutory compliance of Section 141 of the NI Act has been made, it may not open for the High Court to interfere under Section 482 CrPC as uphel

The proceedings before a Claims Tribunal are in the nature of an enquiry and the standard of proof is of a lesser degree than in proceedings of civil nature: High Court of J&K and Ladakh
The proceedings before a Claims Tribunal are in the nature of an enquiry and the standard of proof is of a lesser degree than in proceedings of civil nature: High Court of J&K and Ladakh
October 12, 2021by Primelegal Team0

Merely because the Claims Tribunal while deciding the claim petition has come to the conclusion that there has been a lack of care on the part of t

The High Court, in appropriate cases, can entertain a writ petition in spite of there being an alternative remedy available to the petitioner: High Court of J&K and Ladakh
October 12, 2021by Primelegal Team0

The court should exercise its writ jurisdiction and invoke its powers of judicial review, so as to set at naught the perverse and illegal order pas

The onus of proof that there was deficiency in service is on the complainant: Supreme Court
October 12, 2021by Primelegal Team0

The rule of evidence before the civil proceedings is that the onus would lie on the person who would fail if no evidence is led by the other side a

Failure to obtain prior referral order doesn’t amount to rejection of medical reimbursement claims: Tripura High Court
Failure to obtain prior referral order doesn’t amount to rejection of medical reimbursement claims: Tripura High Court
October 12, 2021by Primelegal Team0

Government cannot refuse to reimburse the expenditure of medical treatment to an individual on the basis that he/she failed to obtain a prior refer

Private company outlaws the benefit of the Moratorium Policy: Bombay High Court
October 12, 2021by Primelegal Team0

The Court refused to grant the benefit of the Moratorium Policy to the petitioner on the grounds that they approached the court late and only when

The incident having occurred prior to amendment, the pre­amended provision will have to be taken note: Supreme Court
October 11, 2021by Primelegal Team0

Taking into consideration all facts including that no material is available on record to indicate that the appellant has any criminal antecedents a

As per the cardinal principle of law the provision of the statue/act is to be read as it is and nothing is to be added or taken away from the provision of the statue: Supreme Court
October 11, 2021by Primelegal Team0

Once it is established that the order under Section 263 was made/passed within the period of two years from the end of the financial year, such an

Where the number of family members is two to three, one third of the income is required to be deducted towards personal and living expenses of the deceased : Jammu and Kashmir High Court
Where the number of family members is two to three, one third of the income is required to be deducted towards personal and living expenses of the deceased : Jammu and Kashmir High Court
October 11, 2021by Primelegal Team0

The last pay certificate of the deceased placed on record by the appellants is eligible to be considered as proof of income of the deceased. This w

Right to get maintenance is not obliterated or affected by a custom nor would custom absolve the husband from his obligation to pay maintenance to his wife: High Court of J&K and Ladakh
Right to get maintenance is not obliterated or affected by a custom nor would custom absolve the husband from his obligation to pay maintenance to his wife: High Court of J&K and Ladakh
October 11, 2021by Primelegal Team0

Right to seek maintenance by the wife from her husband is a statutory right and this right is guaranteed under Section 488 Cr.P.C. Right to get mai