Convenience of the wife is to be preferred over the convenience of the husband. Bombay High Court allows wife’s plea to transfer matrimonial cases The Court took a compassionate approach considering the diabetic condition of wife and held that although, diabetes may not be a serious condition, but the requirement of taking insulin and having a companion to travel is necessary, in as much as in a diabetic condition, a person can become hypoglycemic any time and if there is no companion to ...

[Or. VII R. 11 CPC] Issue of res judicata could not be decided in an application for rejection of the plaint. –– Supreme Court The Court while considering an application for rejection of the plaint can look into only the averments made in the plaint and at the highest, documents produced along with the plaint. The defence of a defendant and documents relied upon by him cannot be looked into while deciding such application. The reason is that the adjudication on the issue involves co...

Absence of detection of poison in the viscera report not be treated as a conclusive proof of the fact that the victim has not died of poison; other corroborative symptoms does matter – Supreme Court The Court, refusing to interfere with the conviction for dowry death recorded by the two Courts below as the victim died of suicide by poison within two months of marriage, explained that the viscera should be sent to the concerned Forensic Science Laboratory, through the concerned police stat...

Revised guidelines regarding Auto Processing of Urgent Memos and Listing of Cases has been issued by High Court. For Noticeclick here

An OTS proposal would be an acknowledgment of debt for the purpose of Section 18 of Limitation Act provided such acknowledgments should be before the expiry of limitation prescribed under law. – Supreme Court Axis Bank Limited V. Naren Sheth Hon’ble Justice Vikram Nath & Hon’ble Justice Ahsanuddin Amanullah Decided on September, 2023 For full textclick here