Showing : 1051-1060 of 4605 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Insurance policy - When payment is accepted in full and final settlement of claim and letter of subrogation and discharge is signed, bald plea of duress, coercion and undue influence cannot be taken by invoking S.11 of Act as no arbitrable dispute existed between..........
DELHI HIGH COURT
Year of decision: 2014
Details
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(i), 3(1)(iii), Customs Act, 1962, Section 132, 135(a), 135(b), 135(c)-- Preventive detention - Delay - Plea of exceptional circumstances - Grounds of detention (GoD) and relied upon documents (RuD) were not served within five days of service of detention order - Failure of executing authority to intimate sponsoring authority of detention of detenue cannot be cited as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Dispossession during pendency of eviction petition - Restoration of possession - Dispossession was in the year 2005 - Restoration sought in the year 2012 - Plea that defendants have voluntarily vacated the premises and left suit property at their own will - For a long time defendants neither..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Eviction - Notice - Tenant pleaded that building in question was given on lease for manufacturing purposes and he was carrying the business of garment manufacturing, thus tenancy was terminable with a six months prior notice - Plea rejected as neither in the pleading nor in the evidence produced..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Service -- Compassionate appointment - Police service - Plea of parity - Two other persons wrongly appointed - Not to help the respondent to be appointed - Doctrine of equality enshrined in Art.14 of Constitution is not attracted as it does not envisage negative equality...........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 12(1)(c)-- Annulment of marriage - Concealment of mental disorder of wife - Plea of husband neither controverted in written statement nor deposition of husband to this fact assailed in cross examination - Unchallenged averments and evidence on record brings the case of husband within ambit of S.12(1)(c) of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Adverse possession -- Mutually inconsistent or mutually destructive pleas must not be taken in plaint - Whenever the plea of adverse possession is raised, it presupposes that owner is someone else and person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose affidavit has..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Adverse possession -- Plea of adverse possession is a substantive plea of fact and law - It needs specific pleadings and evidence - Law of adverse possession is no more res integra and has been dealt within detail, time and again...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Adverse possession -- In order to defeat title of plaintiff on the ground of adverse possession, it is obligatory on the part of defendant to specifically plead and prove as to since when their possession became adverse - If it was permissive or obtained pursuant to some sort of arrangement, plea of adverse possession..........

Showing : 1051-1060 of 4605 Results