Displaying a collection of posts appeared in Advocatetanmoy Law Library
Day: April 9, 2019
Notice unclaimed and notice refused has the same meaning and to be understood as valid service SUPREME COURT OF INDIA Appeal (crl.) 1015 of 1999 K. BHASKARAN vs SANKARAN VAIDHYAN BALAN AND ANR. DATE : 29/09/1999 BENCH: K.T. THOMAS & M.B....
Here the notice is returned as unclaimed and not as refused. Will there be any significant different between the two so far as the presumption of service is concerned? In this connection a reference to Section 27 of the...
As between civil and criminal proceedings, the criminal matters should be given precedence.
8 min read
M.S. SHERIFF Vs. THE STATE OF MADRAS AND OTHERS -The criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we...
Criminal cases have to be proceeded with in accordance with the procedure as prescribed under the Code of Criminal Procedure and the pendency of a civil action in a different court even though higher in status and authority, cannot...
MODULA INDIA Vs. KAMAKSHYA SINGH DEO - In case of failure of filing written statement, the defendant would not be entitled to lead any evidence of his own nor can his cross-examination be permitted to travel beyond the very limited...
Every judicial or/and quasi-judicial order passed by the Court/Tribunal/Authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion. In the absence of any discussion, the reasons and the findings...
BALAKRISHNA KAR AND ANOTHER Vs. H.K. MAHATAB- It should therefore be borne in mind that the right to begin is not the same as the adducing of evidence in support of a party's case. There is a distinction between the two....
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