Anticipatory breach of contract in India is primarily governed by Section 39 of the Indian Contract Act, 1872. This section states that when a party refuses to perform or disables themselves from ...

The requirement for separate charges stems from the bedrock principle that each distinct offence deserves individual scrutiny and adjudication. This ensures: ...

It is obvious that due to the ban imposed by the Government of India, the aforesaid application bearing the trade mark TikTok cannot be used in India. This would be irrelevant for determining the ...

The court established a fundamental distinction that will govern future interpretation of state amendments. Justice Mathur definitively held that state legislative enactments under Article 246 of the ...

The Maharashtra amendment to Section 438 CrPC is no longer applicable.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 ...

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 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 ...

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

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 ...

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 ...