Showing : 1-10 of 807 Results

CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 118-- Child witness - First step for the Judge or Magistrate to take is to satisfy himself that the child is the competent witness - For this purpose, preliminary inquiry should be held - It is duty of Court to ascertain in the best way, which it can, whether from the extent of his intellectual capacity..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 17, Rule 3-- Closing of plaintiff`s evidence - Suit for specific performance - After framing of issues before trial Court, matter remained pending for plaintiff`s evidence for 5 years - Agreement in question returned to plaintiff for proper affixation of stamp duty by trial Court but the matter remained..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386-- Appeal against conviction - Appeal preferred by accused - Non-representation for accused - When there was no representation for accused, High Court ought not to have disposed of case on merits - Once appeal against conviction is admitted, it is duty of appellate Court either to appoint an advocate..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86-- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Legal Services Authorities Act, 1987, Section 21(1)-- Refund of Court fee - Mere fact that a refund of Court Fee is provided u/s 21(1) of the Act, is no ground to extend same benefit to stamp duty payable under Stamp Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Contempt of Courts Act, 1971, Section 2, 12-- Contempt of Court - When a serious allegation of violation of order of Court is made, it is duty and responsibility of Government functionaries who are parties to the legal proceedings against whom an interim order was passed and subsisting, to promptly refute the allegations made in such legal..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction of High Court - Remedy under Article 226 of the Constitution shall not be available except where violation of some statutory duty on the part of statutory authority is alleged - High Court cannot allow its constitutional jurisdiction to be used for deciding disputes, for which..........
KERALA HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 33(2)-- Scope - Limited scope of S.33(2) of the Act is to insulate victim against aggressive and offensive cross-examination, Court has to ensure that relevant questions which may be embarrassing to witness are properly and decently conveyed to witness - In case of such questioning, Court has a solemn..........

Showing : 1-10 of 807 Results