Tag Archives: second

Guilty plea doesn’t bar challenge to constitutionality of statute: USSC

The Supreme Court of United States recently held that a guilty plea, by itself, does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. In this case, Defendant pleaded guilty to … Continue reading

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Second Complaint maintainable in District Forum: SC

The Supreme Court of India has clarified that a second complaint to the District Forum under the Consumer Protection Act, 1986 is maintainable when the first complaint was dismissed for default or non-prosecution. “….there is no provision parallel to the … Continue reading

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Doctrine of Attractive Nuisance and Negligence dwelled upon: DHC

The Delhi High Court recently had an opportunity to dwell on the concepts of ‘doctrine of attractive nuisance’ and ‘negligence’ under the tort law. The Court was dealing a case wherein six children died due to drowning in open drains. Absolving the … Continue reading

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Prosecution u/S 138 Negotiable Instruments Act on second or successive default in payment of the cheque amount permissible: SC

In an important judgement, a large Bench of Supreme Court of India ruled that a prosecution u/S 138 Negotiable Instruments Act on a second or successive default in payment of the cheque amount should not be impermissible simply because no … Continue reading

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High Court duty bound to formulate substantial question of law in second appeals: SC

The Supreme Court of India reiterated that High Courts, when hearing second appeals under Section 100 of Civil Procedure Code, have a duty to formulate a substantial question of law before interfering with the judgment and decree of the lower … Continue reading

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