Insofar as the present appellant is concerned, it appears the deceased initially borrowed Rs. 4 lacs and in lieu thereof, issued a cheque drawn on State Bank of India. Later, Rs. 6 lacs were also lent ...

Rajasthan Housing Board is a valuable reminder that courts must not confuse the doctrine of precedent with the rule of res judicata. The judgment shows that even where another court has taken a ...

The Supreme Court on Friday clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Unio ...

When MCOCA is invoked mid‑stream in a case where the accused is already on bail, three issues arise together: jurisdiction, the fate of existing bail, and the correct form of the Sessions Court’s ...

In relation to an issue of law, the first appellate court owes no deference to an erroneous legal view taken by the trial court. Its duty is to identify the correct legal principle and then apply that ...

At this stage, we may note that one of the grounds that weighed with the High Court was that the offences against Respondent No. 1 were triable by a Magistrate. However, the High Court overlooked the ...

In that view of the matter, it would always be open to a Magistrate, if he is of the opinion that any of the offences in the case are exclusively triable by a Court of Sessions, to commit the case to ...

There is a clear conceptual distinction between precedent and res judicata. Salmond on Jurisprudence P.J. Fitzgerald (12th Edition) page 141 states "a judicial precedent speaks in England with ...

The general Rule is that all issues that arise directly and substantially in a former suit or proceeding between the same parties are res judicata in a subsequent suit or proceeding between the same ...

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court. Additionally, in a case of like nature where the appeal is listed two decades after grant of bail, this process would ensure obtaining of information as to whether the appeal survives for ...

In NDPS cases, an important question frequently arises before Special Courts: if the chargesheet is filed within the statutory period, but the Chemical Analyser/FSL report is not filed along with it, ...