Showing : 31-40 of 337 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Will-- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will -..........
PATNA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 11-- Nullity of marriage - Petition by wife - Second marriage by husband during subsistence of first marriage which was not disclosed to wife at the time of marriage - Husband did not appear despite service - Wife in support of her case filed examination-in-chief of three witnesses supported by..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Proviso - Amendment of plaint - `After commencement of trial' - Due diligence - Neither plaintiff filed affidavit by way of evidence nor examined any witness - Trial cannot be said to have commenced merely because matter was fixed for evidence - Hence, no question of due diligence while deciding..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Negatives of photographs - Court below rejected the application on the ground that negatives not mentioned in the list of reliance and affidavit of photographer, who allegedly clicked the photographs - However, it would be appropriate if trial Court considers the application..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3-- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104-- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Non-obstante clause in S.145(1) of Act is self explanatory and over-rules the requirement of examination of complainant on solemn affirmation u/s 200 Cr.P.C. - Cognizance of complaint, therefore, can be taken without complying the mandate of S.200..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Petition by wife for divorce - Husband appearing in Court but not contesting the case - Petition averments supported by affidavit evidence of wife is sufficient to grant relief on the ground of cruelty, when there is nothing to presume that wife is taking advantage of her own wrong or..........

Showing : 31-40 of 337 Results