Pages
(Move to ...)
Home
Law Web Search Engine
Privacy Policy - Law Web
Disclaimer
Terms of Use
▼
Showing posts with label
Gauhati high court
.
Show all posts
Showing posts with label
Gauhati high court
.
Show all posts
Thursday, 3 July 2025
Gauhati HC: Anticipatory bail application is not maintainable if accused is prosecuted either for an offence U/S 65 or U/S 70(2) of BNS
›
The learned counsel for the petitioners has submitted that legislature has deliberately used the conjunction “and” in Section 482(4) in pl...
Gauhati HC: [S.187 BNSS] Status Of Hospitalised Arrestee Cannot Remain Unknown, Magistrate Must Verify Through Visit Or VC
›
Though, there is no dispute at the bar regarding the proposition of law, as mandated by Article 22 of the Constitution of India , that ev...
Sunday, 29 December 2024
Gauhati HC Extends Benefit Of Probation of offenders Act To Man Convicted U/S 498A IPC, Says Offence Was Not Heinous
›
It is by now well settled that Act, 1958 is a milestone in progress of modern liberal trend of reform in the field of Penology. It is the r...
Tuesday, 7 March 2023
Under which circumstances Magistrate who has no jurisdiction to try the case can release seized property U/S 457 of CRPC?
›
On a reading of Section 457 Cr.P.C, we find that the said provision coverers a wide spectrum and would apply to all kinds of seizures un...
Can the court release seized property at the investigation stage U/S 457 of CRPC even if not produced before the court?
›
The fact that the Hon’ble Supreme Court has given a direction to the learned Criminal Court to consider release of seized property/articl...
Tuesday, 9 August 2022
Golden principles for deciding application for amendment of written statement
›
What emerges from the various authorities cited above is that normally, amendment to a written statement is allowed subject to a few exc...
Tuesday, 29 March 2022
Whether Parents Can Give Consent On Behalf Of Minor Victim To Compromise Sexual Offence?
›
I t is also settled that offences which involve moral turpitude and grave offences like rape, murder etc. even if compromised cannot be q...
Sunday, 13 February 2022
Whether trial will be vitiated if the court fails to hear accused on the point of sentence?
›
From the above abstract, it may be seen that the Apex Court, as a general Rule, has held that the Trial Courts should after recording the ...
Sunday, 26 September 2021
Under Which section of CPC court can grant temporary Injunction to a party?
›
The question, therefore, which stares at us, now, is this : whether it is Order 39, Rules 1 and 2, which confer jurisdiction and powers o...
Wednesday, 15 September 2021
When court should not release accused prosecuted under NDPS Act on bail?
›
This Court also finds force in the submission of the learned APP regarding the operation of the statutory bar under Section 37 of the ND...
Wednesday, 2 September 2020
Whether court can insist on plaintiff to prove his case if it can not allow withdrawal of implied admission in a written statement?
›
What is important to note is that the proviso to Rule 5 gives to the Court the power to insist that notwithstanding the fact that there is...
Tuesday, 30 June 2020
Whether a husband can take divorce from his wife on the ground of cruelty if she is preventing him from taking care of his parents?
›
There is another aspect of the matter which needs to be reflected upon in the face of the evidences adduced by the parties. Under the ...
Tuesday, 29 October 2019
Whether Judgement debtor can refuse to execute sale deed by refunding advance money in bank account of decree holder?
›
Therefore, when the time did not remain the essence of the contract, the judgment debtor/petitioner could not have rendered the compromise...
Saturday, 26 October 2019
Whether family court can try dispute raised by third party to Marriage?
›
Having taken note of this aspect of the matter, the factual matrix in the present case would disclose that the respondent herein is not t...
Sunday, 1 September 2019
Whether it is necessary to pay ad valorem Court-fee on application for restitution?
›
In my considered view, law is quite clear that the application for restitution under Section 144, C.P.C. is an application for execution o...
Thursday, 29 August 2019
Whether appeal from conviction given by assistant session Judge lie to session court?
›
On perusal of the impugned judgment and order it reveals that the aforesaid order was passed by learned Assistant Sessions Judge and the S...
Tuesday, 20 August 2019
Whether Magistrate can order to give custody of child to mother U/S 97 of CRPC?
›
Now the question arose whether in the circumstances will it speak about wrongful confinement of child on the part of the petitioner? The ...
Sunday, 3 March 2019
Whether husband is liable to pay increased maintenance to son after paying permanent alimony to wife?
›
To make a brief of the matter it can be seen from the record that owing to the marital dispute between the parties, there was divorce in b...
Monday, 28 January 2019
Whether judgment debtor can challenge that boundaries of suit property is incorrect if he has not challenged it in written statement?
›
In the instant case, the defendant decree-holder contested the suit by filing written statements without controverting the boundary give...
Sunday, 6 January 2019
What are necessary conditions for drawing presumption U/S 90 of Evidence Act?
›
This Court in Paramesh Sarmah & Ors. Vs. Islamali & Ors. (supra), held in para-9 as under: " 9. The condition on which t...
›
Home
View web version