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ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Co-owner -- Restraining other co-owner or any other person from cutting the trees from the joint land - Any relief including an interim injunction cannot be allowed unless all the co-owners are impleaded as party to the suit. (Specific Relief Act, 1963, Ss.37, 38, Civil Procedure Code, 1908, O.39.Rr.1,2)...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law in the facts and circumstances of the case...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closure of evidence - Evidence not produced despite availing three opportunities - Lis be heard and disposed of on merits without laying undue stress on procedural formalities, unless the party seeking indulgence of the Court is otherwise disentitled for exercise of judicial discretion in this regard due to his/her act and..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Transfer of Property Act, 1882, Section 106 -- Quit notice - Must fulfill the conditions, viz. (i) it must be in writing; (ii) it must be signed by or on behalf of the person giving it; (iii) it must either be sent by post to the party who is intended to be bound by it; or (iv) it must be tendered or delivered personally to such party or to one of his family members or..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof - Lies on the party who substantially asserts the affirmative issues and not the party who denies it and the said principle may not be universal in its application and there may be an exception thereto...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........

PATNA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 35(2) -- Imposition of cost - When S.35(2) provides for cost to follow the event, it is implicit that the cost have to be those which are reasonably incurred by a successful party except in those cases where the Court in its discretion may direct otherwise by recording reasons therefrom...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Distinction between rules 1 and 2 - Rule 1 covers all classes and categories of suits, Rule 2 applies only to suits for injunction - Application of Rule 2 is limited and is confined to injunction suits (of breach of contract or other injury of any kind) - Clause (a) of Rule 1 allows either party (i.e. plaintiff or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Chance recovery - Two accused escaped from the spot but were identified by Head Constable who was member of police party - Prosecution failed to prove the presence of escaped accused at the place of occurrence - IPS officer in whose presence the entire search was supposedly conducted, could..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Right to Information Act, 2005, Section 8 -- Exemption from disclosure of information - Bias is not a ground which can be considered for or against a party making an application to which exemption u/s 8 is pleaded as a defence...........

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