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Showing : 2171-2180 of 4272 Results

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 28 -- High Court while exercising power u/s 28 of the Act, as the first Court of appeal is both a Court of Law and also of facts...........

MADRAS HIGH COURT

Year of decision: 2010
Details

Prevention of Corruption Act, 1988, Section 19 -- Discharge of accused - After the charge is framed there is no power with the court to discharge the accused u/s 19 of the Act - There is no difference between the cases falling under the Prevention of Corruption Act or any other penal enactments, in so far as power of the trial court to discharge the accused after the trial..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving waiting period of six months - Waiting period of six months can only be waived by Supreme Court exercising power under Article 142 of the Constitution which no other Court can exercise such power...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Evidence Act, 1872, Section 154 -- Hostile witness - A witness cannot be declared hostile unless he is resiling from his earlier statement - Merely because one part of a statement is not favourable to the party calling him, will not warrant an inference that he is suppressing truth - Court has to exercise its power carefully before granting permission to a party to cross..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of account books - Court is not devoid of power to call upon any party to produce a document - Complainant in possession of the original account books which he had brought in the Court - Accused had every right to inspect the original account books and put question to the witness in his..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Punjab Panchayat Act, 1994, Section 76, 73(2) -- Re-counting of votes - Election to the post of Panch - Dispute between elected and defeated candidate - Election Tribunal re-counting - Re-counting can be done only by Presiding Officer of Tribunal - He cannot delegate this power to any other...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Defendant is required to produce the documents on which he places reliance - Provision of O.8.R.1-A does not entitle the plaintiff to seek a direction to the defendant to file the documents on which he does not relie in support of his defence or counter..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Land Acquisition Act, 1894, Section 4, 6, Tamil Nadu Land Acquisition (Amendment) Act, 1997, Section 48B -- Re-transfer of acquired land to original owners - Can be done only till the land continues to vest in the Govt. and that too if Govt. is satisfied that land is not required for notified purpose or for any other public purpose - If acquired land is transferred to any..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded - However, an appellate Court must bear in mind that in case of acquittal, there is double presumption in favour of the accused - Firstly, the presumption of innocence is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 33, 151, 152, 153 -- Civil proceedings - Defect or error therein - Amendment thereof - Power of Court - Held, S.151 to 153 of CPC empower court to pass such an order which can amend any defect or error in any proceedings in a suit which are necessary for purpose of determining real question or issue raised by or depending upon such..........

Showing : 2171-2180 of 4272 Results