Blogs And Articles

By the team of Prime Legal
Court can order further investigation while exercising its discretion u/s 156 Cr.P.C: High Court of Jammu And Kashmir
April 5, 2021by Primelegal Team0

Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who can exercise such discretion o

Court under S.482 C.R.P.C can quash FIR lodged with ulterior motive and malicious intention: High Court of Jammu And Kashmir
Court under S.482 C.R.P.C can quash FIR lodged with ulterior motive and malicious intention: High Court of Jammu And Kashmir
April 5, 2021by Primelegal Team0

Where the FIR has been lodged with ulterior motive and maliciously to harass the petitioner and to dissuade the petitioner from raising any grievan

Sections 29 and 30 of the POCSO Act do not absolve the prosecution of its duty to establish the foundational facts: High Court of Tripura
Sections 29 and 30 of the POCSO Act do not absolve the prosecution of its duty to establish the foundational facts: High Court of Tripura
April 5, 2021by Primelegal Team0

Establishment of fundamental facts by the prosecution acts as a safety guard against misapplication of statutory presumption since prosecution has

Presumptions under Sections 29 and 30 of the POCSO Act do not take away the primary duty of prosecution to establish the fundamental facts: High Court of Tripura
Presumptions under Sections 29 and 30 of the POCSO Act do not take away the primary duty of prosecution to establish the fundamental facts: High Court of Tripura
April 5, 2021by Primelegal Team0

It may appear that in the light of presumptions, the burden of proof oscillates between the prosecution and the accused, depending on the quality o

Interim Bail to be given in the Exceptional Cases on Satisfaction of Court Fulfilling all its Conditions: High Court of Shimla
April 5, 2021by Primelegal Team0

It is a duty of court to look into facts and circumstances of the case while extending interim bail as an exceptional case but it is must to fulfil

There may be Common Factors but the Factors are Always not the Same: High Court of Shimla
There may be Common Factors but the Factors are Always not the Same: High Court of Shimla
April 5, 2021by Primelegal Team0

No relation with the parameters taken into consideration for granting bail under Section 439 Cr.P.C. with the parameters relevant for considering b

Amendment to plaint will be allowed in a liberal manner unless they cause any prejudice to the defendants or change the complexion of the suit: High Court of Himachal Pradesh
April 4, 2021by Primelegal Team0

Over time, it has been observed that courts should be extremely liberal in granting prayer for amendment of the plaint and written statement unless

The Courts can declare a contract vague, unenforceable and hence void even if it was beyond pleadings: High Court of Himachal Pradesh
The Courts can declare a contract vague, unenforceable and hence void even if it was beyond pleadings: High Court of Himachal Pradesh
April 4, 2021by Primelegal Team0

Vague and unspecific agreements will not be legally enforceable since there is no consensus ad idem. Consequently, if the courts provide relief und

Basic element of desertion is animus deserendi : High Court of Tripura
April 4, 2021by Primelegal Team0

The parties are living apart over a considerable period of time. But this is not the only test of irretrievable break down of marriage. Divorce is

Amendment in the Plaint is Brought only When it Changes the Nature and Characteristic of Suit: High court of Shimla
April 4, 2021by Primelegal Team0

The amendment in plaint is to be sought before settlement of issues, that it would change the nature and characteristic of the suit. This honorable