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 Agreement to sell - Not required to be attested - Even inn case it is attested it is not incumbent upon parties to examine the attestors and non examination of such attestors does not vitiate the very execution of the agreement.(Evidence Act, 1872, S.72). 2007(2) Civil Court Cases 284 (A.P.) (DB)
Agreement to Sell - Suppression of material fact - Disqualifies such party from obtaining any relief. 2007(1) Civil Court Cases 639 (Delhi) (DB)
 Arbitration Act, 1940, Section 14(2) - Arbitration award - Limitation to set aside starts to run from the date notice of award is given by Court. 2007(1) Apex Court Judgments 295 (S.C.)
Arbitration and Conciliation Act, 1996, S.8 - Arbitration - When an arbitration agreement exists between parties Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement. 2007(1) Apex Court Judgments 407 (S.C.)
Banking - Loan for purchase of vehicle - Default in repayment - Seizure of vehicle by use of force - Recovery of vehicles or seizure of vehicles could be done only through legal means - Banks cannot employ goondas to take possession by force.2007(2) Criminal Court Cases 001 (S.C.)
Circumstantial evidence - Motive - Absence of proof - Not a break in the link of chain of circumstances.2007(2) Criminal Court Cases 166 (P&H) (DB)
Civil Procedure Code, 1908, Order 1 Rule 10(2), Transfer of Property Act, 1882, Section 52 - Impleading of a party - Transferee pendente lite - Neither necessary nor proper party - Cannot be impleaded as a party to the suit. 2007(1) Civil Court Cases 401 (S.C.)
Civil Procedure Code, 1908, Order 1 Rule 10(2), Transfer of Property Act, 1882, Section 52 - Impleadment of a party - Suit for partition - Transferee pendente lite - Is a necessary and proper party - Allowed to be impleaded as a defendant in the suit. 2007(1) Civil Court Cases 633 (S.C.) : 2007(1) Apex Court Judgments 286 (S.C.)
Civil Procedure Code, 1908, Order 1 Rule 10(2), Transfer of Property Act, 1882, Section 52 - Transferee pendente lite - Is bound by the decree just as much as he was a party to the suit. 2007(1) Civil Court Cases 401 (S.C.)
Civil Procedure Code, 1908, Order 21, Rule 97(2) - Execution - Objections - Mere possession is not sufficient to resist or obstruct the decree of eviction in absence of documentary evidence as to legal possession over the decreetal premises. 2007(1) Civil Court Cases 591 (Rajasthan)
Civil Procedure Code, 1908, Order 23 Rules 3, 3-A Power of attorney holder - Consent decree - Once there is power to compromise, that will include the power to admit the claim of the plaintiff as well. 2007(1) Civil Court Cases 448 (P&H)
Civil Procedure Code, 1908, Order 39 Rules 1 & 2 - Interim injunction - Police protection - Cannot be granted at the stage of granting interim injunction. 2007(1) Civil Court Cases 396 (Madras)
Civil Procedure Code, 1908, Order 5 Rules 1, 20 Summons - Refusal to accept - Service by Munadi ordered - Effect of earlier service when summons were refused is not nullified - Defendant duly served on the day he refused to accept summons. 2007(1) Civil Court Cases 391 (P&H)
Civil Procedure Code, 1908, Order 6 Rule 17 Proviso - Plaint - Amendment - O.6.R.17 Proviso CPC came into force on 1.7.2002 - Suit filed in the year 1998 - Proviso does not apply. 2007(1) Civil Court Cases 704 (S.C.)
Civil Procedure Code, 1908, Order 6 Rule 17 Proviso - Plaint - Amendment - Proviso of O.6.R.17 CPC came into force on 1.7.2002 - Suit filed in the year 1998 - Proviso to Order 6 Rule 17 does not apply. 2007(1) Apex Court Judgments 248 (S.C.)
Civil Procedure Code, 1908, Order 6 Rule 17 Proviso - Pleadings - Amendment - Shall not be allowed after trial has commenced, unless inspite of due diligence, the matter could not be raised before the commencement of trial - Trial is deemed to commence when issues are settled and the case is set down for recording of evidence. 2007(1) Civil Court Cases 500 (S.C.)
Civil Procedure Code, 1908, Order 6 Rule 17 - Plaint - Amendment - Application not pressed and remained pending till the case reached final stage - Application deemed to be not pressed. 2007(1) Civil Court Cases 331 (P&H)
Civil Procedure Code, 1908, Order 9 Rule 4 - Restoration of suit - If application is filed within limitation Court should dispense with leading of evidence by production of witnesses. 2007(1) Civil Court Cases 296 (H.P.)
Civil Procedure Code, 1908, O.1, O.2 - Misjoinder of parties or misjoinder of causes of action - Defect does not make the suit barred by law or liable to rejection. 2007(1) Apex Court Judgments 590 (S.C.) : 2007(2) Civil Court Cases 237 (S.C.)
Civil Procedure Code, 1908, O.18.R.3 - Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof which is on them. 2007(2) Civil Court Cases 261 (P&H) (DB)
Civil Procedure Code, 1908, O.18.R.3 - Rebuttal evidence - Reserving of right - Last stage for exercise of power to reserve right of rebuttal can be before the other party begins its evidence. 2007(2) Civil Court Cases 115 (P&H) (DB)
Civil Procedure Code, 1908, O.21.R.84 - Expression `Immediately' in O.21.R.84 CPC is to be construed as meaning with all reasonable speed, considering the circumstances of the case. 2007(1) Apex Court Judgments 440 (S.C.)
Civil Procedure Code, 1908, O.21.R.84 - `Immediately' is to be construed as meaning with all reasonable speed, considering the circumstances of the case. 2007(1) Civil Court Cases 723 (S.C.)
Civil Procedure Code, 1908, O.21.R.97 - Execution - Objections - Framing of issues - Not necessary when sale is made during pendency of suit as purchaser is bound by the decree. 2007(1) Civil Court Cases 676 (P&H)
Civil Procedure Code, 1908, O.22.R.9, Limitation Act, 1963, S.5, Articles 120 & 121 - Abatement - Setting aside - If application is filed within 150 days of death then there is no need to file an application u/s 5 of Limitation Act. 2007(2) Civil Court Cases 013 (Kerala)
Civil Procedure Code, 1908, O.37.R.1(2) - Summary suit on the basis of dishonoured cheque - Cheque issued towards repayment of loan - Summary suit is maintainable. 2007(1) Civil Court Cases 744 (Bombay)
Civil Procedure Code, 1908, O.39.Rr.1, 2 - Temporary injunction - Issued for limited period - Extended till a particular date - Does not continue to operate till it is vacated. 2007(1) Apex Court Judgments 504 (S.C.)
Civil Procedure Code, 1908, O.39.Rr.1, 2 - Temporary injunction - Not possible to decide on basis of materials available on record unless evidence is adduced by parties - Parties to maintain status quo pending suit. 2007(1) Civil Court Cases 716 (Calcutta) (DB)
Civil Procedure Code, 1908, O.39.Rr.1,2 S.151 - Ad interim injunction - Dispossession in violation of order of injunction - Court can by exercise of its inherent power put back the parties in the same position as they stood prior to the issuance of the injunction order. 2007(2) Civil Court Cases 001 (S.C.)
Civil Procedure Code, 1908, O.39.Rr.1,2 S.151 - Ad interim injunction - Implementation - Police help - Court can order police protection for implementation of such order. 2007(2) Civil Court Cases 001 (S.C.)
Civil Procedure Code, 1908, O.39.Rr.1,2 - Partition - Private partition or family partition or settlement is possible even in the absence of an order passed by authorities concerned. 2007(2) Civil Court Cases 172 (P&H)
Civil Procedure Code, 1908, O.5.R.9, O.41.R.14 - Summons - Service of summons through process of Court is mandatory. 2007(1) Apex Court Judgments 529 (S.C.) : 2007(2) Civil Court Cases 107 (S.C.)
Civil Procedure Code, 1908, O.6.R.17 - Pleadings - Amendment - Subsequent events - Ought to be allowed. 2007(2) Civil Court Cases 196 (P&H)
Civil Procedure Code, 1908, O.7.R.11 Proviso , S.148 - Rejection of plaint U.O.7.R.11 CPC - Court can order restoration of suit by exercise of its inherent power when remedy of appeal is also available. 2007(2) Civil Court Cases 071 (Bombay)
Civil Procedure Code, 1908, O.7.R.7 - Appeal - Subsequent events - Appellate court may take into consideration subsequent events with a view to mould the relief. 2007(2) Civil Court Cases 032 (S.C.) : 2007(1) Apex Court Judgments 554 (S.C.)
Civil Procedure Code, 1908, O.8.R.9 - Rejoinder - Not allowed as it did not accompany with application seeking permission to file rejoinder - Order set aside. 2007(2) Civil Court Cases 137 (Rajasthan)
Civil Procedure Code, 1908, Section 115, Order 41 Rule 5 Revision - Revisional Court can impose conditions for grant of stay and not for admitting a revision petition. 2007(1) Civil Court Cases 453 (S.C.)
Civil Procedure Code, 1908, Ss.21, 24 - Territorial jurisdiction - Suit filed in a Court having no jurisdiction - Suit can be transferred to a Court having jurisdiction to try it. 2007(1) Apex Court Judgments 590 (S.C.) : 2007(2) Civil Court Cases 237 (S.C.)
Civil Procedure Code, 1908, S.11 - Res judicata - Principles of res judicata do not apply where an order is passed by an authority which lacks inherent jurisdiction, the same being nullity. 2007(1) Apex Court Judgments 621 (S.C.)
Civil Procedure Code, 1908, S.115 - High Court in exercise of its revisional jurisdiction cannot vary terms of decree in execution. 2007(2) Civil Court Cases 205 (S.C.)
Civil Procedure Code, 1908, S.151 - S.151 - Additional evidence - Can be allowed in exercise of inherent jurisdiction. 2007(2) Civil Court Cases 081 (P&H)
Constitution of India, Article 136, Indian Penal Code, 1860, Section 302 - Murder of wife - Gun shot injury - Proved that room and terrace were in exclusive occupation of couple - Burden of prove is on accused to show under what circumstances death was caused to his wife. 2007(1) Criminal Court Cases 761 (S.C.)
Consumer Protection Act, 1986, Ss.14(1)(d), 18 & 22(1) - Insurance - Amount claimed without any qualification - Not entitled to interest on ground of belated payment. 2007(1) Apex Court Judgments 411 (S.C.)
Consumer Protection Act, 1986, Ss.14(1)(d), 18 & 22(1) - Insurance - Party receiving insurance amount without any qualifications - Party cannot claim interest on ground that payment was made belatedly. 2007(1) Civil Court Cases 756 (S.C.)
 Contract Act, 1872, Section 23, Transfer of Property Act, 1882, Sections 5, 6(h) and 7 - Sale of another's property - Title of owner remains intact even if a stranger conveys that title to another stranger, which is ineffective - Owner can get sale deed cancelled by execution of cancellation deed and getting it registered without seeking remedy in a civil court for its cancellation. 2007(1) Civil Court Cases 527 (A.P.) (F.B.)
Contract Act, 1872, Section 23, Transfer of Property Act, 1882, Sections 5, 6(h) and 7 - Transfer of property by a person without title or transfer opposed to nature of interest or for an unlawful object or consideration or transferee legally disqualified to be transferee - Title in property does not pass to the transferee. 2007(1) Civil Court Cases 527 (A.P.) (F.B.)
Contradictions and omissions - Are natural when body of persons attacked deceased - One has to only assure that there should not be over implication. 2007(1) Apex Court Judgments 315 (S.C.) : 2007(1) Criminal Court Cases 784 (S.C.)
Criminal breach of trust - Where entrustment is admitted by accused, it is for him to discharge the burden that entrustment has been carried out as accepted and the obligation has been discharged. 2007(1) Apex Court Judgments 527 (S.C.)
Criminal Procedure Code, 1973, Section 125(4) - Maintenance - Divorced wife - Living in adultery - Wife is entitled to maintenance. 2007(1) Civil Court Cases 784 (P&H)
Criminal Procedure Code, 1973, Section 125(4) - Maintenance - Wife living in adultery after divorce - Wife is entitled to maintenance u/s 124 Cr.P.C. 2007(1) Criminal Court Cases 833 (P&H)
Criminal Procedure Code, 1973, Section 154 - FIR - Must be read in its entirety. 2007(1) Apex Court Judgments 491 (S.C.) : 2007(1) Criminal Court Cases 872 (S.C.)
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Sections 24 and 26 - Confession - Admissible in evidence - It is a relevant fact - It may also form basis of conviction if it was made voluntarily and it is truthful. 2007(1) Criminal Court Cases 421 (S.C.) : 2007(1) Apex Court Judgments 254 (S.C.)
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Sections 24 & 26 - Statement u/s 313 Cr.P.C. cannot form the sole basis of conviction. 2007(1) Apex Court Judgments 254 (S.C.)
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, S.24 - Extra judicial confession - Reproduction of exact words used by accused is not required - Court to come to a conclusion that confession was retracted or not. 2007(1) Criminal Court Cases 899 (S.C.)
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 - Illegal gratification - Sanction for prosecution - It is not the credibility of the person who makes the allegations but the existence of materials necessitating investigation which is relevant. 2007(1) Apex Court Judgments 413 (S.C.)
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 - Public servant - Sanction for prosecution - Political rivalry - It is not the credibility of the person who makes the allegations but the existence of materials necessitating investigation which is relevant. 2007(1) Criminal Court Cases 403 (S.C.)
Criminal Procedure Code, 1973, Section 200 - Complaint - By Two persons jointly of the same occurrence or transaction - Not valid. 2007(1) Criminal Court Cases 819 (Madras)
Criminal Procedure Code, 1973, Section 309(2) - Criminal proceedings - Stay during pendency of civil suit - In appropriate case Court is empowered to stay the proceedings till the disposal of the civil case. 2007(1) Criminal Court Cases 702 (Kerala)
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, S.154 - Hostile witness - Recall - When witness being not in a position for reasons beyond control to speak the truth in the court or due to negligence or under threat or ignorance or some corrupt collusion, then such a witness can be recalled for re-examination. 2007(1) Criminal Court Cases 1055 (P&H)
Criminal Procedure Code, 1973, Section 313 - Statement u/s 313 Cr.P.C. cannot form the sole basis of conviction. 2007(1) Criminal Court Cases 421 (S.C.)
Criminal Procedure Code, 1973, Section 319 - Additional accused - Cannot be summoned on the basis of hearsay evidence. 2007(1) Criminal Court Cases 1090 (P&H)
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Sections 3 & 4 - Applicability of beneficial provisions of S.340 Cr.P.C. & Ss.3 & 4 of Probation of Offenders Act can be withheld only by giving special reasons. 2007(1) Apex Court Judgments 281 (S.C.)
Criminal Procedure Code, 1973, Section 377(3) - Sentence - State appeal for enhancement of sentence - Accused has a right to be heard for his acquittal. 2007(1) Apex Court Judgments 538 (S.C.)
Criminal Procedure Code, 1973, Section 389(1) - Appeal against conviction - Suspension of conviction - Appellate Court has power to suspend not only execution of sentence but also the order of conviction. 2007(1) Criminal Court Cases 945 (S.C.)
Criminal Procedure Code, 1973, Section 389(1) - Conviction - Suspension of - Appellate Court has power to suspend not only execution of sentence but also the order of conviction. 2007(1) Apex Court Judgments 463 (S.C.)
Criminal Procedure Code, 1973, Sections 190, 200, 482 - Cognizance cannot be taken merely on suspicion. 2007(1) Apex Court Judgments 513 (S.C.) : 2007(1) Criminal Court Cases 893 (S.C.)
Criminal Procedure Code, 1973, Sections 227, 239 and 245 - Charge - Framing of - Reasons for framing charge need not to be recorded. 2007(1) Apex Court Judgments 507 (S.C.)
Criminal Procedure Code, 1973, Ss.156, 154 - Arrest during investigation - Not necessary that arrest of accused be made in every case.2007(2) Criminal Court Cases 375 (Allahabad) (F.B.)
Criminal Procedure Code, 1973, Ss.156, 154 - Arrest - Information about arrest and place where he is being held has to be given to the person nominated by him - Violation thereof - Correctness of arrest can be questioned.2007(2) Criminal Court Cases 375 (Allahabad) (F.B.)
Criminal Procedure Code, 1973, Ss.203, 204 - Private complaint in cognizable offence - Case at pre-summoning stage - Absence of complainant not a ground to dismiss complaint for non prosecution.2007(2) Criminal Court Cases 375 (Allahabad) (F.B.)
Criminal Procedure Code, 1973, S.125 - Maintenance - There can always be a charge on the property for maintenance - However, in a suit for maintenance, a decree cannot be passed restraining defendant from alienating the property. 2007(2) Civil Court Cases 217 (Kerala)
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