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PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Objection petition - Opportunity to lead evidence - Held, it is not incumbent upon the executing Court that it must put to trial every objections which are filed in any execution proceeding, even if prima facie they appear to be frivolous, vexatious and are..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections..........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- No person can claim immunity from culpable homicide merely on the ground that he killed another person in discharge of his official duties unless such killing would fall within the ambit of any of the exceptions enumerated in Chapter IV of the IPC...........

MADHYA PRADESH HIGH COURT

Year of decision: 1997
Details

Hindu Adoptions and Maintenance Act, 1956, Section 18(2)(d), Limitation Act, 1963, Article 58, 105 -- Maintenance - Right to maintenance is a constant right and once it has started it accrues de die in diem till happening of any determining event - For start of the period of limitation the time runs when the right is first denied, that is when there is a formal and final..........

DELHI HIGH COURT

Year of decision: 1997
Details

Transfer of Property Act, 1882, Section 105 -- License deed - Shows that the intention of the parties was to create an interest of the respondent in the property - An obligation was caste on the respondent/tenant to carry on repairs - Held, parties wanted to create a lease and not a license...........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Private defence - Such a right can be exercised only to repel unlawful aggression and not to retaliate - Right is one of defence and not of requital or reprisal...........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Transfer of Property Act, 1882, Section 105 -- Name of appellant appearing in records from 1951-52 to 1971-72 as `tenants at will' - Conclusion is that he is tenant at will liable to eviction according to law - Appellant in uninterrupted possession and enjoyment of property for over 20 years - It is unthinkable to conclude that they are only licensee.'..........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Evidence Act, 1872, Section 105 -- Burden of proof - If there is any reasonable doubt that aggressor in occurrence was not the accused but would have been the, deceased party - Benefit of that reasonable doubt has to be extended to accused...........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Transfer of Property Act, 1882, Section 105 -- Lease or licence - To find out the true import of a document pith and substance of document are required to be considered - Embargo put against subletting in document - Due to this clause it cannot be held that it is an agreement for lease, although, normally, in a case of licence, question of sub-letting does not arise...........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Transfer of Property Act, 1882, Section 105 -- Lease or licence - Alleged oral agreement of lease and consequential acceptance of payment of enhanced rent and payment of premium - No convincing material on record on the basis of which, it could be established by the defendant - Finding against defendant that he was inducted as a lessee on revised terms on the basis of an..........

Showing : 271-280 of 317 Results