Showing : 1-10 of 285 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Temple-- Public or private - Determination - Inam rights conferred on Mandir not on pujaris - Even documents on record shows that Mandir is recorded as `Bhumiswami' for suit property and names of specific individuals are recorded only as pujaris - Contention of plaintiff that they become Mahant of temple..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Civil Procedure Code, 1908, Order 7, Rule 14-- Rejection of plaint - Documents filed in support of allegations/averments made in the plaint as basis of suit/plaint, can be considered while deciding application filed either U.O.7.R.11 or filed U.O.7.R.10 CPC...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - Tests of comparative hardship of parties is also one of tests to be applied by Courts in deserving cases when parties to suit apply for production of document invoking O.11.R.14 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138-- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be produced is admittedly..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in..........

Showing : 1-10 of 285 Results