Showing : 61-70 of 467 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - An application u/s 11 of Act is expected to contain pleading about existence of a dispute and applicant is not expected to justify the claim or plead extensively in regard to limitation or production of document to demonstrate that claim is within time and that issue..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Memorandum of partition-- Genuineness - Parties acted upon memorandum of partition - Genuineness of memorandum of partition was rightly not questioned by Lower Appellant Court - High Court was not correct in questioning it, particularly when plaintiffs had filed partition suit after more than 25 years of said understanding..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 17, 49-- Unregistered sale deed valuing more than Rs.100 - It is compulsorily registrable document u/s 17 of the Act - Such document without registration cannot be led into evidence and ownership rights cannot be claimed on the basis of said document - However, such document can be seen for collateral..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with option to repurchase - Document titled as conditional sale - Condition stipulated that in case there is repayment of Ten Thousand rupees within a period of five years possession of property shall be handed back - Condition reflects that actual transaction..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Relief cannot be granted on the sole basis of genuineness of document - Other aspects including readiness and willingness on the part of parties also requires consideration while granting the relief...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Employee's Compensation Act, 1923, Section 3, 4- - Fatal accident - Compensation - Wages of deceased at the time of accident - Neither of parties produced any document on record to prove exact amount of wages being earned by deceased at the time of accident - Onus to maintain wage roll was on employer, but he failed to maintain the same -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Deeds and Documents-- Guarantee deed - Drafted by Bank - In case of doubt, the document would be read against it...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- Two FIR's - Murder trial - Confessional FIR of accused was not only delayed but was suspected to be ante-timed - Facts of said FIR remained disproved and hence it is not reliable - However, second FIR is not only devoid of material facts but lodged at police station having lack of jurisdiction -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 45-- DNA test - Recovery of dead body in decomposed condition - Offence u/ss 304-B, 498-A, 201 IPC - DNA test report being bereft of particulars of test conducted and results thereof which ipso facto does not meet the requirements of an expert opinion to decisively conclude that dead body was that of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 294, Evidence Act, 1872, Section 3-- CD - It is also a document - Where genuineness of any document is admitted, or its formal proof is dispensed with, the same may be read in evidence - Admission or denial on a document need not to be personally from the accused or complainant or the witness - Endorsement of admission or denial by..........

Showing : 61-70 of 467 Results