Showing : 101-110 of 2380 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration - General principles to be kept in mind are : (a) That it is not a weaker kind of evidence and it stands on same footing as other evidence and (b) that there is no absolute rule of law that it cannot form sole basis of conviction, unless corroborated by other independent..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration recorded by independent person, who is neither a relative nor a friend nor interested in deposing against the accused, there should be no hesitation in accepting his version on the aspects that - (a) the declarant had an opportunity to observe and identify the assailant, (b) the..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(iv)(C)-- Suit for possession and alternatively for joint possession and declaration that sale deed executed by his co-sharers is illegal - Neither plaintiff not any of alleged co-sharer in possession of suit property - Plaintiff rightly directed to pay ad valorem Court fee...........
KERALA HIGH COURT
Year of decision: 2018
Details
Special Marriage Act, 1954, Section 29, 25, 27-- Divorce petition within one year of marriage - Restriction applies only to cases where marriage is sought to be dissolved by a decree for divorce on any of the grounds specified in S.27 and not to a petition for declaration of nullity of marriage or a petition seeking annulment of marriage by a..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration - High Court allowed second appeal without hearing subsequent purchaser who allowed to become a party respondent along with plaintiff - Application of subsequent purchaser u/s 151 r/w O.41.R.21 CPC praying for an opportunity of hearing also dismissed by High..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Proviso to S.34 of the Act restricts discretion of Court as to declaration of status or right as provided u/s 34 of the Act - Same does not bar jurisdiction of Court to entertain a suit...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration - Averments in plaint cannot be read as conceding possession of suit property in favour of defendants though there is pleading that attempts were made by defendants to take possession - Not a ground for rejecting plaint based on the proviso to S.34 of..........

Showing : 101-110 of 2380 Results