Showing : 5911-5920 of 18968 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Closing of evidence - Validity - Suit for declaration filed on 14.03.2003 - Case fixed for evidence of defendants for first time on 29.05.2013 - Trial Court closed their evidence on 22.07.2013 without affording adequate opportunity to conclude evidence - Defendants already deposited process fee..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 101, 102, 103-- Burden of proof - Suit for declaration and possession - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration - Weakness, if any, of the case set up by defendant is not a ground to grant relief to plaintiff...........
MADRAS HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness has to be analysed on the basis of conduct of parties, attendant circumstances and also evidence on record...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)(d)-- Rejection of plaint - Land in question whether agricultural land or abadi land - Held, it is a question of fact which has to be decided after evidence is led by parties - This issue be decided as preliminary issue after taking evidence - Dismissal of application calls for no interference...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 112, 114-- Legal fiction & presumption of fact - Distinction - Held, legal fiction assumes existence of a fact which may not really exist - However, presumption of a fact depends on satisfaction of certain circumstances - Those circumstances logically would lead to the fact sought to be presumed - S.112 of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 112-- Scientific evidence - Held, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by world community to be correct, then latter must prevail over former...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 112-- Legitimacy of child - Presumption as to - Held, a child born during continuance of a valid marriage shall be a conclusive proof that child is a legitimate child of man to whom lady giving birth is married - It can be denied only if it is shown that parties to marriage have no access to each other..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Depending upon facts of each case, Court can decide application to set aside ex parte decree on the basis of affidavits - Evidence need not to be led in all cases...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112-- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 227, 239, 245-- Discharge - Ss.227 and 239 provide for discharge before recording of evidence on the basis of police report, documents sent along with it and examination of accused after giving an opportunity to parties to be heard - However, the stage of discharge u/s.245 is reached only after evidence referred..........

Showing : 5911-5920 of 18968 Results