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Results of judicial notice

Showing : 1-10 of 92 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity of marriage - Customary marriage - In the absence of any precedent or custom of such marriage, no judicial notice can be taken of a custom - In the absence of any pleading or proof of custom, plea that in their community such marriage can be performed cannot be accepted as no judicial precedent was brought to..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 362, 482 -- Review/Recall of Order - Application came up for admission and High Court allowed application on same date - Opposite party was not represented by any counsel nor notices were issued to opposite party before finally deciding application - Rule of audi alterem partem requires B that opportunity of hearing should be afforded..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Proceedings under the Act - Commencement of proceedings would take place the moment, Magistrate applies his mind to contents of application and passes any judicial order including that of issuance of notice...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit filed by respondent Nos. 2 & 3 claiming the plot in question as their Bhumidhars - Judgments of both the trial Court and revisional Court have been passed without basing their conclusions on any issue - Trial Court upon finding that notice was complete and the defendant was missing should have first ordered for..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Constitution of India, 1950, Article 226 -- Spectrum auction - Judicial review - Principle of judicial review cannot be denied so far as exercise of contractual powers of government bodies are concerned as it intend to prevent arbitrariness or favouritism and it is exercised in larger public interest or if it is brought to notice of Court that in matter of award of..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Once order or decree shows that it was obtained after following due judicial process by giving reasonable notice and opportunity to all the proper and necessary parties, Executing Court cannot enquire into the validity, legality or otherwise of judgment...........

KERALA HIGH COURT

Year of decision: 2016
Details

Constitution of India, 1950, Article 14, 226 -- Judicial review - Tender - Terms of notice inviting tender - Not open for judicial review unless they offend Art.14 of Constitution - Moreover, unless action of tendering authorities are found to be malicious and vitiated by misuse of its powers, tender conditions are unassailable...........

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 - Appellant appointed as executor of Will, as he was neighbour and close..........

MANIPUR HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 57 -- Judicial notice - Custom - Ordinarily custom pleaded needs to be proved u/s 57 of the Act, but nothing is need to be proved if the Courts can take judicial notice - Moreover, if custom is repeatedly recognized by the Courts, it passes into law of the land and proof of it become unnecessary u/s 57 of the Act...........

Showing : 1-10 of 92 Results