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ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........

DELHI HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........

KARNATAKA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........

KARNATAKA HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........

KERALA HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 227 -- Discharge - Material on record shows that there is reason to proceed against accused - Notarized affidavit subsequently signed by de facto complainants cannot be taken in isolation by Court so as to discharge the accused - Application rightly dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Allotment of plot -- Original allottee alleged to have obtained the allotment and sale deed of plot in question by submitting a wrong affidavit that he does not possess any building or plot in the areas of operation of society - However, mere living in a particular house by itself would not mean that said house is under ownership of person living therein in his individual..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........

DELHI HIGH COURT

Year of decision: 2023
Details

Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........

Showing : 1-10 of 1331 Results