Effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be discouraged.

Effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged.   REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2327 OF 2014 (Arising out of SLP (Crl.) No. 9751/2011) BINOD KUMAR & ORS. .. Appellant Read More …

Breaking News: Supreme Court Issues New Guidelines To Prevent Misuse of 498A IPC, No More Automatic Arrest in 498a before Committee Report

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1265 OF 2017 [Arising out of Special Leave Petition (Crl.) No.2013 of 2017] Rajesh Sharma & ors. …Appellants Versus State of U.P. & Anr. …Respondents J U D G M E N T Adarsh Kumar Goel, J. Leave granted. The question which Read More …

Domestic Relationship is Necessary to Permit a Party to Occupy “Shared Household” : Supreme Court

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO.2500 OF 2017   Manmohan Attavar                                                    …Appellants   Versus   Neelam Manmohan Attavar                                     …Respondents   WITH   CIVIL APPEAL NO.2502 OF 2017   J U D G M E N T SANJAY KISHAN KAUL, J.   The appellant is 84 years old Read More …

principle to resolve conflict between two fundamental rights: Supreme Court

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 132 OF 2016 Asha Ranjan … Petitioner Versus State of Bihar & Ors. … Respondents WITH WRIT PETITION (CRIMINAL) NO. 147 OF 2016 Chandrakeshwar Prasad …Petitioner Versus Union of India & Ors. …Respondents J U D G M E N T Read More …

Lapses In Prosecution Too Frequent For Comfort: Delhi HC Raps Public Prosecutor And ASJ

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 13th June, 2017 + CRL.A. 962/2015 and Crl. M.(B) Nos.391/2017 & 955/2016 GOPAL ….. Appellant Through: Mr. Abhishek Kumar, Adv. versus STATE ( GOVT OF NCT DELHI) ….. Respondent Through: Mr. Tarang Srivastava, APP for State with SI G.P. Pal, PS Civil Lines. + CRL.A. Read More …

State of U.P. v. Synthetics and Chemicals Ltd: Supreme Court

This gives rise to an important question if the conclusion is law declared under Article 141 of the Consti- tution or it is per incuriurn and is liable to be ignored: ‘Incuria’ literally means ‘carelessness’. In practice per incurium appears to mean per ignoratium.’ English Courts have developed this principle in relaxation of the rule Read More …

principles to be followed while filling for condonation of delay: Supreme Court 2013

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.8183-8184 OF 2013 (Arising out of S.L.P. (C) Nos. 24868-24869 of 2011) Esha Bhattacharjee … Appellant Versus Managing Committee of Raghunathpur Nafar Academy and others …Respondents J U D G M E N T Dipak Misra, J. 1. Leave granted in both the special Read More …

Guidelines for PILs and prevention of abuse of process of court : Supreme Court 2010

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1134-1135 OF 2002 State of Uttaranchal .. Appellant Versus Balwant Singh Chaufal & Others .. Respondents J U D G M E N T Dalveer Bhandari, J. 1. These appeals have been filed by the State of Uttaranchal (now Uttarakhand) against the orders Read More …

abuse of process of court; Litigants coming with unclean hands are not entitled to be heard on merits: Supreme Court 2012

The cases of abuse of the process of court and such allied matters have been arising before the Courts consistently. This Court has had many occasions where it dealt with the cases of this kind and it has clearly stated the principles that would govern the obligations of a litigant while approaching the court for Read More …

lok adalat is only a facilitator to help parties arrive at settlement : Kerala HC 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 22ND DAY OF MAY 2017/1ST JYAISHTA, 1939 OP(C).No. 2536 of 2016 (O) ————————— EP.NO.191/2009 IN PLD NO.178/2008 OF SUB COURT, ALAPPUZHA. …….. PETITIONER(S): ———————— 1. SANTHOSH C., AGED 50 YEARS, S/O. CHAKRAPANI, VIJAYABHAVANAM, VANDANAM, ALAPPUZHA DISTRICT. 2. MOHANAN. Read More …