The provision embodies a rule of conclusivenessthat is founded in considerations of publicpolicy. It rests upon the salutary doctrine thatthere must be a finality to litigation, and that aparty which has once succeeded or failed on anissue should not be
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“Whose Voice Is It? Lessons from a Malaysian WhatsApp Voice‑Note Case for India’s Bharatiya Sakshya Adhiniyam”
The Malaysian High Court decision in Chuah Soo Peng v Ong Chin Wei is highly instructive for Indian courts interpreting the Bharatiya Sakshya Adhiniyam, 2023 (BSA), especially on how much proof is needed to link a WhatsApp voice note to
The "Sickle vs. Soil" Defense: A Judicial Guide to Adjudicating Agricultural Injury Cases
In the vast landscape of rural litigation, few scenarios are as common—or as contentious—as the “agricultural brawl.” A fight breaks out in a field, a sickle is wielded, and a serious injury occurs. But in the courtroom, the narrative often
Bombay HC: Police Cannot Seize Bank Accounts Under Section 102 CrPC Without Direct Link To Offence
At this stage, the object and purpose of the provisions contained in section 102 of the Code, deserve to be revisited. It is essentially a tool for investigation and collection of evidence to sustain the charge against the accused. Section
Supreme Court Lays Down Guidelines For Summary Judgment In Commercial Suits under Order XIII-A CPC of Commercial Courts Act
The bench laid down the non-exhaustive guidelines have to be complied with while considering an application for summary judgment under Order XIII-A of the CPC:-“(i) That the procedural mandate under Order XIII-A, CPC be strictly complied.(ii) The
Supreme Court: Order IX Rule 13 CPC Application Not Barred By Dismissal Of Appeal Against Ex-Parte Decree
The Supreme Court on Wednesday (April 1) observed that the filing of an appeal against an ex-parte decree would not bar the filing of an application for setting aside the ex-parte decree under Order IX Rule 13 Code of Civil
Supreme Court: On which ground, the court can order revocation of Succession certificate?
Section 372 of the Indian Succession Act, 1925 governsapplications for grant of succession certificates, whereas Section383 provides for revocation of such certificates on specifiedgrounds. Where an application is defective or material facts havebeen suppressed or misstated,
Supreme Court: What is distinction between jurisdiction of court under Section 96 of CPC vs. Order 9 Rule 13 of CPC?
The settled principle of law is that the scope of proceedingsunder Section 96 of the Code of Civil Procedure and Order IXRule XIII CPC are distinct. Order IX Rule XIII CPC confers awider jurisdiction, enabling the
Can a Sessions Judge Consider the Accused’s Defence While Deciding Revision Against an Order Under Section 156(3) CrPC?
Revision Is Not a Mini-Trial:
An order under Section 156(3) CrPC often marks the beginning of criminal investigation, but the challenge that follows in revision frequently tempts the revisional court to travel beyond its proper limits. The central question
Revenue Record Doesn’t Confer Title’ : Supreme Court Summarises Principles On Revenue Entries & Land Ownership
The bench summarised the position of law regarding Revenue Entries and their legal effect on the question of title:“1 Entries in Revenue Records or Jamabandi serve only a “fiscal purpose”. Their primary function is to enable the person whose