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Results of judicial notice

Showing : 31-40 of 92 Results

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Contempt of Courts Act, 1971, Section 12,2(c),19 -- Criminal contempt - A Committee of some public persons and Lawyers demanded formation of High Court Circuit Bench at Jalpaiguri - Members of committee started satyagrah and prevented Judicial Officers to enter Court premises - Whenever Judicial Officers reached the main gate of District Court organisers made a request..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Agreement to sell -- Specific performance - Time essence of contract - In case of contract relating to sale of immovable property, time is not normally of essence - However, this is not an absolute proposition which has several exceptions - In a contract relating to commercial enterprise, Court is strongly inclined to hold time to be essence of contract - Court can take..........

MADHYA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Matrimonial proceedings - Factors to be taken into account - Convenience and difficulties of parties - Held, in the matter of convenience and difficulties, women requires more consideration in comparison of men and especially in the circumstance where woman has an infant child in her lap whom she could not leave..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Territorial jurisdiction - Statutory notice was given by complainant's counsel from his office at "T" - Held, issuance of notice alone will not give rise to a cause of action to maintain complaint before Judicial Magistrate "T" - Judicial Magistrate "T" does not have territorial jurisdiction to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 145, 146 -- Dispossession in the garb of proceedings u/ss 145, 146 Cr.P.C. - Practice deprecated - A judicial notice is taken of the fact that an influential person purchasing land in possession of another person takes the help of police in getting an order of appointment of receiver passed and thus dispossessing the person in..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Constitution of India, 1950, Article 14, 226, 227 -- Departmental inquiry - Punishment - Judicial review - Reduction in rank and also downgraded in pay Scale by placing petitioner at Rs. 1,000/ - and was also denied seniority - Held that punishment as awarded could not have been awarded as under Rule 33(1)(c) of the Rules only one of the punishment was provided which could..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Contempt of Courts Act, 1971, Section 15, 2(c) -- Contempt - Denigrate the institution of judiciary - Only a part of message published in the newspaper wherein sentences were torn out of context and an impression was given that an attempt was made to attack the judiciary - A fair reading of the message makes it explicit that sending and/or publication of the message did..........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Evidence Act, 1872, Section 6, 9 -- Facts in issue - Decided by Court of Sessions in another case with regard to arrest of accused and seizure of weapons - Said decision rendered in the sequence of issues involved in the present appeal - Decision is relevant as an exonerating evidence favourable to the appellants - It is part of the record of a court so connected and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Punjab Civil Services Rules, Vol -- Compulsory retirement - Judicial review - Annual confidential report - Adverse remarks - Integrity doubtful - Member of superior judiciary - No material which would go to support the remarks endorsed in the annual confidential report of the petitioner - Not only the representation of the petitioner against the adverse remarks pending..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Can be awarded in terms of an agreement or statutory provisions - It can also be awarded by reason of usage or trade having the force of law or on equitable considerations - However, it cannot be awarded by way of damages except in cases where money due is wrongfully withheld and there are equitable grounds therefor, for..........

Showing : 31-40 of 92 Results