Civil Procedure – Res Judicata – Permission to file a fresh suit in a decree – The trial court granted permission to file another suit in a decree, allowing for a fresh suit on the same cause of action. However, this practice is inconsistent with the principles of res judicata and the Code of Civil Procedure, as a decree should conclusively determine the rights of the parties. Th...
Criminal Appeal – Conviction under Sections 120B, 302, 397, and 201 read with Section 34 of IPC – Conviction based on circumstantial evidence – Reliance on "last seen together" theory – Evidence of the witnesses regarding the accused being last seen with the victim is unreliable – Lack of conclusive evidence linking the accused to the crime – Benefit o...
Income Tax Law – Appeal against ITAT order – Submission of Audit Report – High Court dismisses Revenue's appeal challenging ITAT's decision to allow assessee's exemption under Section 11 of Income Tax Act despite late filing of audit report in Form 10B – Tribunal's reliance on CBDT Circulars clarifying deadlines for returns accepted – No substantial qu...
Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].
Trial Court Decision – Partial Decree – Possession Pro...
Revision Petition – Evidence Closure
The petitioner-defendant No.1 seeks to overturn the Sub Divisional Judicial Magistrate's order dated 04.09.2023, which closed his evidence due to his failure to appear in court during the trial. [Para 1-2]
Opportunities Granted – Multiple Opportunities
The Court remarks that 10 effective opportunities were afford...
Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s ret...
Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].
Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s dea...
Identity of Driver in Road Accident – Conviction Challenged – Failure to Establish Identity – Petitioner convicted for offences under Sections 279, 427, and 304-A IPC arising from a road accident – Conviction maintained in appeal – Revision filed against concurrent findings of conviction – Identity of petitioner as driver of offending vehicle disputed – Pr...
Tender Process and Disqualification - Akash Construction appeals against orders qualifying S.B. Construction and Stone Concern Infrastructure as tenderers for road work - Electronic Notice Inviting Tender No. 12/2023-2024 for road widening and strengthening was contested due to technical disqualifications which were later overturned - Authorities initially disqualified the respondents at the techn...
Habeas Corpus - Arrest – Illegal detention of petitioner’s husband – Offences charged were bailable – Offer to furnish bail – Violation of fundamental rights – CCTV footage analysis reveals time discrepancies – Inquiry initiated against errant officials – Unconditional apology tendered by investigating officer – Apology accepted – Order f...