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The Court also invoked the concept of constructive res judicata under Section 11 of the Civil Procedure Code (CPC), 1908. This means that not only issues actually decided, but also those that could ...
Relaxed Procedural Approach: While procedural laws are relevant, the Court held that strict technicalities—like res judicata—should not obstruct the resolution of grave matters of public interest. The ...
Mandatory injunctions are an extraordinary remedy in Indian law, granted only when strict criteria are met. Courts exercise great caution, ensuring that such injunctions are issued only to prevent ...
While adopted children cannot claim inheritance rights, biological parents can voluntarily leave property to their adopted ...
This checklist ensures compliance with the Hindu Adoption and Maintenance Act, 1956, and helps courts systematically verify ...
Article 254 of the Constitution addresses inconsistencies between laws made by Parliament and State Legislatures, establishing the doctrine of repugnancy as a cornerstone of Indian federalism. The ...
There is considerable force in the argument of counsel for the State that in the facts of this case as well it should be held that the respondent having been seen last with the deceased, the burden ...
The ADM Jabalpur v. Shivkant Shukla case (1976), known as the Habeas Corpus case, is one of India's most controversial Supreme Court judgments.
One of the most important aspects of gift revocation is timing. The law provides a three-year limitation period for revocation based on fraud, coercion, misrepresentation, or undue influence. This ...
The cornerstone of Sessions Court jurisdiction lies in Section 193 of the Criminal Procedure Code, which establishes a fundamental rule: Sessions Courts cannot take cognizance of any offence as a ...
The doctrine of previous convictions in Indian criminal jurisprudence represents a delicate balance between protecting individual rights and safeguarding society from repeat offenders. As India ...
IEEE MUMBAI SECTION WELFARE ASSOCIATION Vs GLOBAL IEEE INSTITUTE FOR ENGINEERS Dated: May 27, 2025.
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