Negligence Benefit of Doubt – For bringing home the guilt of the accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of the accused and the death of the victim – Appeal Allowed. May 24, 2022 phlaw
Exparte Decree When an exparte decree is set aside – the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed exparte – cannot file written statement but can cross examine witnesses & argue the matter. May 24, 2022 phlaw
Quashing While quashing the criminal proceedings “No useful purpose will be served by prolonging the proceedings of the case” cannot be a good ground and/or a ground at all to quash the criminal proceedings May 24, 2022 phlaw
POCSO POCSO Act – Lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission of the offence of murder May 16, 2022 phlaw
Consumer Cases Writ petition under Article 227 of the Constitution of India against the order passed by the National Commission which has been passed in an appeal under Section 58(1)(a) (iii) of the 2019 Act is maintainable May 16, 2022May 16, 2022 phlaw
Dowry Death In some circumstances, evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC under Section 32(1) of the Evidence Act May 16, 2022 phlaw
Pre-mature Release Pre-mature release policy applicable in state where the crime was committed and not the State where the trial stands transferred. May 16, 2022 phlaw
Electricity Act Electricity Act, 2003 – Sections 2, 2(8), 9 and 24(2) – A combined reading of Section 9 and Clause (8) of Section 2 of the said Act would reveal that a person is entitled to construct, maintain or operate a captive generating plant – Such a plant should be primarily for his own use May 16, 2022 phlaw
Plots HELD Since the appellant has deposited a total sum of Rs.3,84,546/ (including interest) against the total value/cost of Rs.2,70,000/.the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside. May 16, 2022 phlaw
Domestic Violence If an aggrieved person is not in a domestic relationship with the respondent – but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act. May 16, 2022 phlaw
