Showing : 141-150 of 262 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52-- Lease or licence - Use of terms by itself is not sufficient to hold the nature of the right created by the document - An effort should be made to find out whether the deed confers a right to possess exclusively coupled with transfer of a right to enjoy the property or what has been parted with is..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5)-- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 105(1), Order 37, Rule 3(5), 3(6), 4-- Theory of `Dependent Order' - Applicability - Summary suit - Application for grant of leave to defend refused by Court - Final judgment and decree passed - Appeal not filed - Application under Article 227 filed - Order refusing leave to defend set aside - Decree passed not to go automatically -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 102, 105-- Private defence - Commencement of - Right of private defence of body and property commences, as soon as a reasonable apprehension of danger to the body arises from an attempt or threat, to commit offence, although the offence may not have been committed but not until there is that reasonable..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105-- Private defence - Right of - Is to be determined on the facts and circumstances of each case - All surrounding circumstances must be considered - Pleading of right of private defence is not necessary - Burden of proof is on accused - Proof of it can be by adducing evidence or by eliciting..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 102, 105-- Private defence - Commencement and continuance - The right commences, as soon as a reasonable apprehension of danger to the body arises from an attempt, or threat, to commit the offence, although the offence may not have been committed but not until there is that reasonable apprehension. The right..........
UTTARAKHAND HIGH COURT
Year of decision: 2006
Details
Evidence Act, 1872, Section 105-- General exceptions - Burden to prove existence of circumstances bringing the case within any general exception in IPC is on person/accused who takes plea of such exception...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 105-- Lease - Lessee having right to make construction and assign to third parties - Accordingly lessee make constructions and assigning to third parties - Decree of possession against lessees - Assignees not bound by decree - They acquired independent status...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 105-- Lease - Extension of lease and renewal of lease after expiry of lease period - Execution of fresh lease deed - In the case of extension, it is not necessary to have a fresh deed of lease executed as the extension of lease for the term agreed upon shall be a necessary consequence of the clause for..........
GUJARAT HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 105-- Accepting or rejecting a document - Order as to - Not appealable - If an appeal is not provided, then such an order can be challenged in an appeal which is filed against the final judgment and decree - Finding that in absence of a revision challenging correctness of order passed by trial Court it..........

Showing : 141-150 of 262 Results