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Showing : 10741-10750 of 29538 Results

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 235(2) -- Enhancement of life imprisonment to death sentence - Non-compliance of mandatory requirement of S.235(2) - Sustainability of - Full opportunity of hearing be given to accused on question of sentence - High Court only mechanically recorded what accused said - No attempt made to elicit any information or particulars from..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Evidence Act, 1872, Section 114(g) -- Adverse inference - Party to lead the best evidence in his possession - In case such material evidence is withheld, Court may draw adverse inference notwithstanding that onus of proof did not lie on such party and it was not called upon to produce the said evidence...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Evidence Act, 1872, Section 114(g) -- Adverse inference - Court to draw adverse inference by taking into consideration the pleadings of the parties and by deciding whether any document/evidence, withheld has any relevance at all or omission of its production would directly establish the case of the other side - Court has to consider further as to whether the other side..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Evidence Act, 1872, Section 114(g) -- Adverse inference - Document in possession of defendant - Plaintiff not permitted to have any inspection - Plaintiff did not submit any interrogatory statement or an application for making inspection or for production of the document - Held, in such a fact situation, it is not permissible for Court to draw any adverse inference against..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is only for removing a lacuna in the evidence that appellate Court is empowered to admit additional evidence - Appellate Court cannot allow additional evidence only for the purpose of pronouncing judgment in a particular way and when it without such evidence can pronounce judgment...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court while deciding an issue, is bound to give reasons - A mere reference to the peculiar circumstances of the case, or mere statement that the evidence is necessary to pronounce judgment, or that the additional evidence is required to be admitted in the interests of justice, or that..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainable on question of fact when Court is satisfied that the finding of Courts below were vitiated by no, consideration of relevant evidence or by showing erroneous approach to the matter and findings recorded by court below are perverse...........

KERALA HIGH COURT

Year of decision: 2012
Details

Protection of Women From Domestic Violence Act, 2005, Section 17, Family Courts Act, 1984, Section 7 -- Right of wife u/s 17 of the Act - Cannot be defeated by an order of injunction restraining her from entering into the shared household - Civil Court or Family Court cannot grant such an injunction, so long as the right of wife is either admitted or proved or not..........

KERALA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 41(i), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Suppression of material fact - Husband while seeking temporary injunction suppressed the fact of filing a petition by wife under Protection of Women From Domestic Violence Act - Conduct of plaintiff is such as to disentitle him to the assistance of Court, as provided u/s 41(i) of..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Hindu Law -- Adoption - Claim of adoption on a specific date but failure to prove that date - No evidence as to how and in what manner appellant was taken in adoption - Name of biological father in Service record - Pagadi ceremony not decisive on that point - Trial Court rightly concluded that appellant failed to prove adoption...........

Showing : 10741-10750 of 29538 Results