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This checklist ensures compliance with the Hindu Adoption and Maintenance Act, 1956, and helps courts systematically verify ...
While adopted children cannot claim inheritance rights, biological parents can voluntarily leave property to their adopted ...
Non-appearance of a complainant will not always result in the acquittal of the accused. Acquittal under this section is warranted only when the complainant is absent on the date which was set for the ...
Despite the lack of explicit statutory recognition, Indian courts have consistently upheld the power to grant transit bail. Courts have relied on their inherent powers, as well as constitutional ...
"For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court, the period of limitation is twelve years from the date when the decree or order ...
No, a child (person below 18 years) cannot be prosecuted as an adult under the POCSO Act itself. However, if a child is accused of committing a sexual offence under POCSO, the legal process is ...
Relaxed Procedural Approach: While procedural laws are relevant, the Court held that strict technicalities—like res judicata—should not obstruct the resolution of grave matters of public interest. The ...
In India, the doctrine finds its primary legal foundation in Section 92 (3) of the Civil Procedure Code (CPC). This provision ...
While res judicata does not strictly apply, legal precedents set by the Supreme Court or High Courts must be followed by tax authorities. For example, the Court’s ruling that electromagnetic waves are ...
The intersection of traditional hearsay evidence principles with modern electronic evidence represents one of the most ...
Article 254 of the Constitution addresses inconsistencies between laws made by Parliament and State Legislatures, establishing the doctrine of repugnancy as a cornerstone of Indian federalism. The ...
The Court also invoked the concept of constructive res judicata under Section 11 of the Civil Procedure Code (CPC), 1908. This means that not only issues actually decided, but also those that could ...