Showing : 711-720 of 21179 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, 7-- Status quo order - Construction in violation thereof - Local Commissioner appointed to take colour photographs of all the sides of the disputed site - Local Commissioner instructed not to record evidence - It is not collecting evidence for plaintiff - Order will further cause of justice, so as to..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 29(2)-- Customary divorce - Entry in notary register regarding execution of divorce deed - Would not itself prove contents of divorce deed and also fact that divorce deed was executed as per custom or usage and having force of law, which facts are required to be proved independently through evidence of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34-- Bail - Murder of husband by wife - Allegation of murder is subject to scrutiny of prosecution evidence on record and under trial detention should not be used as conviction before trial - Moreover, only official witnesses are to be examined and accused may not be in a position to influence such..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 11, 5(i)-- Annulment of marriage - Subsistence of prior marriage of wife at the time of marriage with husband - Plea of customary divorce taken by wife - Wife admitted her first marriage and her first husband was alive at the time of her second marriage - There is no pleading about dissolution of first..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Stamp Act, 1899, Section 35-- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Court below found that cheque contained signatures of accused and it was given to complainant to present in Bank, said act raises presumption u/s 139 of the Act, which was not rebutted by accused - Even, accused did not come in the witness box to support his..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a)- - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident occurred - Prosecution thus, failed to prove its case - Defence on the..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Adverse possession -- Date of entry into suit land has not been mentioned - Mere possession of suit land for long time is not suffice to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts below after..........

Showing : 711-720 of 21179 Results