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Order 7 Rule 11 C.P.C.

clever drafting creating illusions of cause of action are not permitted in law and a clear right to sue should be shown in the plaint. Similarly the Court must see that the bar in law Read more…

Section 482 Cr.p.c.

Section 482 Cr.p.c.

Holding peaceful processions, raising slogans, would not be and cannot be an offence under India’s Constitution. ANALYSIS AND REASONING: 9.The FIR nowhere mentions the role of the petitioner. Even if this Court presumes the petitioner Read more…

Order of the Court

The Court’s orders have to be implemented / complied in letter and spirit. If the officials are unable to do that, they are unfit to hold the post that too, in a disciplined force, like Read more…

Bail Granted

Toolkit Case – Citizens are conscience keepers of government in any democratic Nation. They can not be put behind the bars simply because they choose to disagree with the State policies. The offence of sedition Read more…

Section 138 NI Act

It is clear that the person (Director/Managing Director/Joint Director/other officers and employees) of company can not be prosecuted under Section 138 of N.I. Act unless the company is impleaded as an accused. THE HIGH COURT Read more…

Section 482 Cr.p.c.

Section 482 Cr.p.c.

Section 482 Cr.p.c. and Section 320 Cr.p.c. – In crimes which seriously endangers the well being of the society, it is not safe to leave the crime doer only because he and the victim have Read more…

Transfer Application

Transfer Application

Transfer Application – At final stage – When a case is at its final stage, this Court will be extremely reluctant to order the transfer – rejected – The petitioner is permitted to move an Read more…

Transfer Application

Section 138 NI ACT

The complaint filed by the appellants under Section 138 of the NI Act is earlier in point of time. The complaint filed by respondent No.2 is more than two years later. Since the issue in Read more…