Upon applicability of aforesaid judgments, it is thus evident as has been observed herein above that there is no specific intention indicated in the subsequent enactment of BNSS 2023 to continue with ...

The Maharashtra amendment to Section 438 CrPC is no longer applicable. Recent judicial decisions have clarified that with the repeal of the CrPC and enactment of BNSS 2023, Section 482 BNSS now ...

Courts must apply a systematic analytical framework to determine whether decree components are independent and separable or joint and inseverable. This determination has significant implications for ...

The Court reaffirmed that only parties adversely affected by a decree are entitled to appeal or file cross-objections. This principle, established in Phoolchand v. Gopal Lal (1967), serves as a ...

Order 41, Rule 33 grants appellate courts comprehensive authority: "The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or ...

The Supreme Court has established specific considerations for granting anticipatory bail in SC & ST Atrocity cases following the 2018 amendment to Section 18 of the Act. Here are the key ...

Under Indian law, cross objections and cross appeals serve similar purposes but have distinct procedural characteristics. Here are the key distinctions: ...

In summary, while neither the prosecution nor accused can apply for charge alteration as a matter of right, appellate courts retain the discretionary power to alter charges on their own, provided they ...

Once an eviction order is passed, the tenant loses their statutory protection and remains in possession only by virtue of the stay order, not by any right under the Rent Control Act. This legal ...

Based on established legal precedent, an accused person summoned under Section 319 of the Criminal Procedure Code (CrPC) cannot apply for discharge under Section 227 of CrPC.

No, an appellate court cannot suspend the sentence upon dismissing an appeal against conviction, regardless of whether the sentence is up to three years or any other duration.

The Court emphasized that "such ad-interim reliefs have their own legal implications" and referenced the Srikant Upadhyay & Ors. v. State of Bihar & Anr. (2024) case, which stressed caution in ...