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Showing : 201-210 of 7704 Results

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law - Presence of mother-in-law of deceased has not been proved - There is no reason to believe that mother-in-law was a party to incident as per oral testimony of PW1 to PW3 - No overt act of mother-in-law even in oral dying declaration - Investigation of investigating..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Liability of allottee to pay maintenance charges - Allottee has to make payment of maintenance charges to association - However, no claim is being raised by such association and such association is not a party to proceedings - More so, nothing on record that builder had authority to represent..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - There is no specific provision for filing an application to seek permission to lead secondary evidence - However, party seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........

MADRAS HIGH COURT

Year of decision: 2022
Details

Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of party - When it comes to financial capacity of parties, it is not necessary that party should physically possess balance amount with him from the date of agreement to date of plaint - If it is shown that party had sufficient means to mobilize balance amount required within a..........

MADRAS HIGH COURT

Year of decision: 2022
Details

Agreement to sell -- Specific performance - Time essence of contract - Party who puts brake on performance of contract by his failure to honour his part of obligation under agreement cannot say that time was intended to be essence of contract and therefore original agreement got lapsed...........

KERALA HIGH COURT

Year of decision: 2022
Details

Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Once a preliminary decree is passed by trial Court, Court should proceed with the case for drawing up final decree suo motu - There is no need to file a separate final decree proceedings - In the same suit, Court should allow concerned party to file an appropriate application for drawing..........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - It is incumbent on the part of a party seeking condonation of delay to satisfy Court by mentioning material details and justifying the cause...........

Showing : 201-210 of 7704 Results