It is well settled that generally speaking the provisions of a statute creating public duties are directory and those conferring private rights are imperative. When the provisions of a statute relate ...

The Court held that a lease agreement requiring registration under Section 107 of the Transfer of Property Act is inadmissible as evidence if it is not registered. The only exception is for proving a ...

Courts must also consider statutory bail rights. If the charge sheet is not filed within the prescribed period (60 days for regular offenses, 90 days for offenses under Section 111 punishable with ...

The Supreme Court reaffirmed that when an arbitration agreement forms part of a larger contract, there is a strong presumption that the law governing the main contract (lex contractus) also governs ...

Indian jurisprudence classifies precedents into several types, each with distinct legal consequences: While the doctrine of precedent is vital, Indian law recognizes important exceptions to prevent ...

Confirm the case is registered under the exclusive jurisdiction of Special Courts as per Section 14 of the Act Verify that the Sessions Court has jurisdiction to hear the bail application Apply ...

The IT Act adopts the principle that if electronic records satisfy the same level of reliability as paper documents, they ...

When the offences are different as well as when more number of cases are registered against the petitioner, he cannot invoke the proviso under Section 479 of BNSS seeking the relief on the ground of ...

16. However, as Section 187 of BNSS categorically states that subject to condition of bail, the Magistrate may authorize his detention either in judicial or in police custody. Unless, such an order is ...

Section 330 CrPC allowed conditional bail for non-violent offenders found incapable of defence. BNSS s.369 now lets courts grant bail in all cases—bailable or otherwise—so long as in-patient care is ...

3. The learned Public Prosecutor submitted that the Apex Court is seized of the matter and is monitoring the implementation of Section 479 BNSS relating to undertrial prisoners. The benefit has not ...

9. It is submitted that a cognizance taken by the learned Trial Court on an incomplete chargesheet without the sanction order under Section 39 of the Arms Act, 1959 and the order directing committal ...