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Showing : 441-450 of 726 Results

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Evidence Act, 1872, Section 58, 137, 145 -- Admission of correctness of document in cross examination - It is relevant fact - Pleading in regard to existence of a document is necessary however when a witness admits a document to be in his handwriting then effect thereof has to be considered having regard to the provisions contained in S.145 of Evidence Act in terms whereof..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 8, Civil Procedure Code, 1908, Order 9 -- Non appearance of plaintiffs and their counsel - Suit dismissed for non prosecution - Application for restoration pleading that the plaintiff pursuing litigation fell ill - Dismissed - Appeal also dismissed - Revision. Held - Application for restoration signed by all the plaintiffs. All plaintiffs..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Constitution of India, 1950, Article 226, 227 -- Writ Petition - Requirement as to pleading & proof - Notifications u/s 4 & 6 of Land Acquisition Act challenged on ground of discrimination - Site plan vague - Carries no legend - Does not depict total area acquired, area released, vacant land, constructed portion etc. - No material placed on record to indicate that State..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Directors - Liability - Pleading - There should be an assertion in the complaint that the named accused are directors of the company and that they are incharge of and responsible to the company for the conduct of the business of the company...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Chairman or Director - Pleading - There must be an averment that the person who is vicariously liable for commission of the offence of the Company both was incharge of and was responsible for the conduct of the business of the Company - Such requirement must be read conjointly and not..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Pleading - As a result of fall out of non payment negotiations were held between parties wherein Respondent Nos.2 and 3 took part - Held, there is no doubt that ingredients of S.141 of the Act stand satisfied...........

DELHI HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, Punjab Money Lenders Act, 1938, Section 3, 4 -- Dishonour of cheque - Advocate - Money lending - Absence of pleading that accused is not legally liable to pay the amount - On the other hand it is pleaded that the transaction itself was void being in violation of the Money Lenders Act - Held, the matter can be taken in defence..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Agreement to sell -- Suit for specific performance - Relief of - Suit filed after two years of the date of performance - Absence of any pleading and proof as to hardship - Relief of specific performance cannot be denied merely for the reason that suit is filed after two years of the date of performance. (Specific Relief Act, 1963, S.20)...........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleading - Fraud - Illiteracy - Mere allegation that plaintiff is illiterate and such a situation was used to her disadvantage is of no avail to substantiate the plea of fraud...........

DELHI HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - There should be a clear admission - Pleading or a document has to be construed or read as a whole to see its effect - One or two lines cannot be permitted to be taken out of context and used as an admission of a party entitling the other for passing of a judgment upon admission...........

Showing : 441-450 of 726 Results