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IMPORTANT POINTS
(1) Second appeal – High Court is competent and endowed with discretionary jurisdiction to formulate a substantial question of law not stated when second appeal was admitted – High Court is entitled to formulate an additional substantial question of law – A substantial question of law must be grounded in parties’ pleadings and findings of lower courts.
(2) Examination of witnesses – Absence of a suggestion to a witness may not be deciding factor in determining outcome of a plea – However, absence of suggestion constitutes an important cog in wheel of consideration.
(3) Appeal by Special Leave – Overriding power under Article 136 of Constitution of India is exercised only in exceptional cases where special circumstances exist. ,03 Sep 2025
Supreme Court of India
IMPORTANT POINT
Compensation – Disbursement – Claimant cannot be permitted to resile from her own conduct. ,03 Sep 2025
Supreme Court of India
IMPORTANT POINT
Dishonour of cheque – There is no embargo on filing complaint under Section 138 of N.I. Act against a ‘SICK’ company. ,02 Sep 2025
Supreme Court of India
IMPORTANT POINT
Custody dispute between spouses – Emotional, mental, and physical well-being of child must always come first – Every child has right to affection of both parents – Even if parents live apart or in different countries, it is important for child to maintain a relationship with both of them. ,02 Sep 2025
Supreme Court of India
IMPORTANT POINT
Reservation – Presidential Order brought out under Article 371D of Constitution enabled State to provide for equitable opportunities and facilities for people belonging to different parts of State in the matter of education. ,01 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Sale – There is difference between a sale deed and an agreement for sale, or a contract for sale.
(2) Part Performance – Unless transferee in instrument of agreement to sale is able to prove that he has been in possession of suit property, no benefit u/s 53A of T.P. Act will be given.
(3) Power of attorney is not a sale.
(4) Proof of execution of Will – Mere fact that Will was registered will not grant validity to the document. ,01 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Effect of omission or defect in charge – Mere discovery of an error, irregularity or omission in framing of charge does not ipso facto render decision of Court as invalid.
(2) Joinder of trial – When a ground of non-joinder or misjoinder of charges/trial is taken before Appellate Court, test to be applied is whether such non-joinder or misjoinder has resulted into failure or miscarriage of justice and has prejudiced accused.
(3) Underlying foundation of principle of beyond reasonable doubt is that no innocent should face punishment for a crime that he has not done. ,01 Sep 2025
Supreme Court of India
IMPORTANT POINT
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be available. ,01 Sep 2025
Supreme Court of India
IMPORTANT POINTS
Cruelty – It has to be established that woman had been subjected to cruelty continuously/ persistently or at least in close proximity of time of lodging of complaint. ,29 Aug 2025
Supreme Court of India
IMPORTANT POINT
Appeal against acquittal – Where two views are reasonably possible, one consistent with guilt of accused and other with his or her innocence, then appellate Court should refuse to interfere with Judgment of acquittal and allow the same to stand. ,29 Aug 2025
Supreme Court of India
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