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Prima facie is about the strength and sufficiency of evidence at the outset, whereas ex facie concerns what is immediately clear from the face of a document. Recognizing the distinction between these ...
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 IT Act adopts the principle that if electronic records satisfy the same level of reliability as paper documents, they ...
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 ...
So far as the case in hand is concerned, the learned Magistrate upon satisfying himself regarding to record the service of pre-cognizance notice could have inferred, the forfeiture of the right of ...
In a groundbreaking judgment that could reshape how digital evidence is treated in family disputes, the Madhya Pradesh High ...
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 ...
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 ...
Section 223 BNSS provides for issuance of pre-cognizance notice to the accused and said provision was not available in the corresponding Section 200 of the repealed Code. Such requirement provided ...
The judgment clarified that Section 53-A of the Transfer of Property Act provides protection only against the transferor, not third parties. The Court emphasized that such protection is available as ...
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 ...