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Showing : 2901-2910 of 6552 Results

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a)(d) -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, Court has to look into averments in plaint - Pleas and defence of defendant in written statement is not relevant...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 38, Haryana Municipalities Act, 1973, Section 208 -- Permanent Injunction - Restraining defendant from demolishing any portion of bathroom/toilet - Construction raised in the year 1978 and notice to demolish issued in the year 2013 - A notice u/s 208 of Haryana Municipal Act, 1973 can only be issued within six months from the completion..........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 118 -- Presumption - Rebuttal - Defendant can rebut the presumption by showing preponderance of possibilities in his favour to the effect that consideration as stated in the promissory note or in the plaint does not exist - He can rely on direct evidence or circumstantial evidence or on presumptions of law or fact...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Evidence Act, 1872, Section 45 -- DNA test - Claim of right in property on basis of relationship as a daughter and the same stoutly denied by defendant - Blood relationship between parties a moot question - Held, in order to prove relationship, scientific DNA Test is very much essential to arrive at the truth and to decide the real controversy and to effectively adjudicate..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Partition suit -- Opposed on basis of Will executed by owner of suit property - Will more than 30 years old - No attesting witnesses examined - Assuming if persons who figured as attestor are not alive, defendant was under obligation to comply with S.69 of Evidence Act but it was not done by defendant - Will, held, not proved as required under law - Suit property directed..........

KARNATAKA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand produced registered sale deed..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Specific performance - Sale consideration has been paid by seller but sale deed not executed - Statements of witnesses to agreement cumulatively established that agreement was duly executed between parties - Thumb impression of seller on agreement not scientifically examined - Plaintiff had no closeness with witnesses and thus there was no question of..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 304A -- Negligence - Held, essence of negligence whether arising from an act of commission or omission lies in neglect of care towards a person to whom defendant or accused as the case may be owes a duty of care to prevent damage or injury to property or person of victim - Existence of a duty to care is thus the first and most fundamental..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot reject plaint on the basis of allegations made by defendant in written statement - However, Court can certainly look into the averments in affidavits filed by defendant themselves in same proceedings taking a contradictory or inconsistent stand than the stand taken in application for..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit seeking declaration that sale deed and unregistered power of attorney is null and void - Rejection of plaint sought on the ground that earlier suit filed by plaintiff seeking declaration of his Khatedari rights was dismissed by Revenue Court and therefore suit of plaintiff seeking similar relief is..........

Showing : 2901-2910 of 6552 Results