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TELANGANA HIGH COURT

Year of decision: 2023
Details

Power of Attorney Act, 1882, Section 2 -- Power of Attorney - Termed as irrevocable power of attorney but it is not in its strict sense irrevocable power of attorney - Principal is not barred to file execution petition himself without relying on his agent i.e. power of attorney holder...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Co-owners -- Eviction suit - One of co-owners can file a suit for eviction of a tenant in the property generally owned by co-owners on the basis of doctrine of agency and that consent of other co-owners is assumed as taken unless it is shown that other co-owners were not agreeable to evict tenant...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........

KERALA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1, 2 -- Fresh suit on the same cause of action - Such right cannot be granted while drawing a decree - Liberty to file fresh suit can be granted only U.O.23.Rr.1,2 CPC when an application is filed seeking permission to withdraw the suit...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents in question were very much available with defendants at the time of filing of written statement, but they did not file the same and they want to show that they retained them as they were required for taking loan from banks or getting benefits from the Government but no material is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Not mandatory to file claim petition at a place where accident occurred - Claimants can file claim petition at the place where they reside or carry on business or defendant resides - Claimants having chosen the option, no grievance can be raised by petitioner - Transfer..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Suppression of material fact that in an earlier anticipatory bail application High Court has given liberty to file regular bail application - Present anticipatory bail application dismissed as legally not maintainable which is moved with suppression of material facts...........

DELHI HIGH COURT

Year of decision: 2023
Details

Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........

DELHI HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........

Showing : 11-20 of 3271 Results